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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 01, 1723
Volume 02, Pages 485-489

[Council Journal.]

North Carolina—ss.
At a Council held at Edenton the first day of April Anno Dom 1723
Present
The Honoble William Reed Esqr President et
Chris Gale Esqr Lds Proptrs Depty
J Lovick Esqr Lds Proptrs Depty
R Sanderson Esqr Lds Proptrs Depty
T Pollock Esqr Lds Proptrs Depty

Upon Petition of Coll William Maule Surveyr Genl setting forth That he had by order of this Board laid out for the Tuskarora Indians and Chowans ffifty Three thousand acres of Land in which service he was twenty one days from his home and had most of the time four persons to assist him at his owne Expense & Charges for wch the Petr put in his Claim to the last General Assembly who threw the same out without allowing him one penny for his Disbursements and Trouble the petr further shews That he had promise from this Board which was minuted in their Journal that in case the Assembly did not allow him his Claim for such services that he should have an ordr the Receiver Genl for the same

Which this Board duly considering of and finding the petic̄on reasonable doe hereby order Danl Richardson Esqr Receiver Genl to pay out of the Lds Proptrs revenues the sum of thirty pound currt money for his Expences & trouble in service aforsd And it is further ordered that the surveyor Genl return a platt of the Chowans and Tuskroroes Bounds into the Secretary office and that the Secretary make out a Draft for the Chowans with such Tenure as was formerly granted to the Yawpim Nation.

Read the petition of John Mackeel & Eliza his wife late Eliza Smith and Levy Markam Guardian or Curator to Bartholomy Evans a minor setting forth that being Grandchildren heirs and representatives of John Hunt late of little river dec̄ed who by his last will & Testamt here ready

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to be produced did give & bequeath to the said Eliza and Bartholomy (now surviving) the one half of his Estate that is to say of the Negroes Bedding and the rest of the moveables having before given one half thereof to his wife & further the Petn say that at a prect Court 18th July 1721 at Pasquotank for the sd precinct they obtained an order that the sd Estate given to them should be Equally divided between them and taken out of Custody of Thomas Comander Exr of James Took Executor to the afsd John Hunt and that the acct thereof be adjusted and audited by Mr Edward Gale Mr Richard Stamp and Mr Thomas Mackeel who was also to divide the same but the said Thomas Com̄ander refused to comply therewith and no time appointed the sd auditors near acted & thro' defects the sd Order was rendered insufficient and near complyed withall and the Cognizance thereof lying in Council for relief prays that the Estate pursuant to the said order given as aforsd may be delivd up by the said Exr to them and that the sd Auditors may be appointed a Certain day where the persons Conserned may attend to adjust & settle the accots of the sd Estate and that on their report thereof delivered to the provost Marshall or his Deputy he do seize and deliver the same in kind or Vallue according to Law to them & according to the Divission thereof to be made by the sd Auditors and that the said Commander pay cost etc

Ordered That Thomas Com̄ander Executor within named do Exhibit and adjust the accot of the sd Estate according to the prayer of this petition wth Edward Gale Esqr Thomas Mackeel John fferry and Robert Lowrey or any three of them within one months time and that he deliver up the Petitrs Legacys in maner as in the prayer is petitioned sometime betwixt the Tenth or Twentieth day of April inst or else the provost marshall is hereby ordered to take security of the said Thomas Comander in the sum of ffive hundred pounds for his appearance at the next Council to be held at Edenton there to stand and abide by such order as shall be made thereon

Read the petition of James Wood setting forth That some time agoe Samuel Sigemore obtained a patent for six hundred Acres of Land lying in Chowan which sd Land is not seated and planted as the Law directs praying a patent may Issue in name for the sd Land

Ordered that the sd petition be granted as prayd for

Read the Petition of James Peck setting forth That Danl Willson sometime agoe obtained a patent for ffive hundred acres of Land lying in Chowan which is not seated and planted according to Law therefore prays he may have a lapse patent for the same

Ordered That a patent Issue for the Petr as prayed for

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Read the petition of William pope Setting forth that one William Jones formerly obtained a patent for One hundred Acres of Land lying on the south side of Morratock and that one Daniel Hogans also obtained a patent for three hundred and fifty acres on the North side of Morattock and neither of the sd Wm Jones or Daniel Hogans has seated and planted the said Land as the Law directs praying that lapse patents may be granted him for each of the sd Tracts

Ordered that the Petition be granted as prayed for

Read the Petition of Arthur Whitehead setting forth that John Blackman in the 1719 obtained a patent for 160 Acres of Land lying on Morrattock at a hotsky which is not seated and planted as the Law direct praying a Lapse pattent may be granted him for the same

Ordered That the same be granted as prayed for

Read the Petition of John Stone setting forth That Andrew Baron in April 1720 obtained a patent for 260 Acres of Land lying in Chowan which is not seated and planted thereon as the Law directs praying a Lapse patent may be granted him for the same

Ordered That the prayer of the sd Petioner be granted

Read the Petition of James Peake setting forth that some time agoe William Willson obtained a patent for ffour hundred and Twenty Acres of Land which the said Wilson has not seated and planted as the Law directs therefore praying that a Lapse patent may granted him for the same

Ordered that a Lapse Patent be granted the Petr as prayed for

Read the Petition of John Holbrook setting forth That Edward Taylor some time ago obtained a patent for six hundred and fforty acres of Land lying in Bertie precinct which not being cultivated as the Law direct prays a Lapse patent may be granted him for the same

Ordered That the prayer of the sd petition be granted

Read the petition of Robert Tucker setting forth that in the year 1719 John Bell obtained a patent for Two hundred and thirty Acres of Land lying in Pasquotank is not Cultivated as the Law directs and prays that a Lapse patent may be granted him for the same

Ordered That a patent Issue as prayed for

Read the Petition of Elizabeth & Martha West shewing That their Father Thomas West deced in his life time obtained a patent for 320 Acres of Land lying in Bertie precinct which is not seated and planted thereon as the Law directs praying a Lapse patent may be granted to them for the sd Land

Ordered that a pattent Issue in the Petrs name as prayed for

-------------------- page 488 --------------------

Read the Petition of Henry Baker shewing That Edward Howcock in the year 1720 obtained a patent for Eight hundred and fforty acres of Land lying on Wickocon which is not Cultivated as the Law direct therefore prays a Lapse Patent may granted him for the same

Ordered That the prayer of the sd Petition be granted

Read the Petition of John Williams setting forth that his son Theophilus Williams in the year 1720 obtained a patent for Two hundred and Thirty five Acres lying in Bertie precinct which is not seated and planted thereon as the Law requires therefore prays a Lapse pattent may be granted him for the same

Ordered that the said petition be granted as prayed for

Read the Petition of Robert Lanier Setting forth That Charles Jones in the year 1720 obtained a patent for Three hundred acres of Land lying in Bertie precinct which is not cultivated as the Law directs praying that a patent make granted him for the same

Ordered That the sd petition be granted as prayed for

Read the Petition of Edward Moseley Esqr setting forth that in the year 1713 Samuel Swann obtained a patent for six hundred and fforty Acres of Land lying in Chowan and Nehemiah Yeals obtained a patent some time agoe for Six hundred and fforty acres of Land lying at Hendricks Creek as also did John Harlow for six hundred Acres of Land lying on Morattock and the said Tracts of Land not being seated and planted thereon as the Law directs therefore prays that Lapse patents may be granted him for each of the said Tracts of Land

Ordered that patents Issue according to the prayer of the sd Petition

Read the Petition of James Boon setting forth That Treddall Keef some time agoe obtained a patent for a Tract of Land lying in Chowan and Joyning to the line of Wm Stephens George Smith Thomas Mans James Boons Charles Cullefor and William Hookers line which is not seated and planted as the Law directs therefore prays a Lapse patent may be granted him for the same

Ordered That the sd petition be granted as prayd for

Read the Petition of Anthony Herring setting forth That in the year 1720 his Father Samuel Herring obtained a patent for Two hundred and Seventy acres of Land lying at Cassia which is not cultivated as the Law directs praying that a Lapse patent may be granted him for the same

Ordered That the sd petition be granted as prayd for

Read the petition of Thomas Rhodes setting forth That Theophilus Williams in the year 1720 obtained a patent for Two hundred and ffifty Acres of Land lying in Cassia which is not seated as the Law directs praying that a Lapse patent may be granted him as the Law directs

-------------------- page 489 --------------------

Ordered That the sd petition be granted as prayed for

Read the petition of James Wood setting forth that Robert Hicks patented in the year 1719 Two several Tracts of Lands containing Eleven hundred acres of Land lying on Catawitsky which is not seated as the Law directs praying that a Lapse patent may granted and Issued out in his name for the same.

Ordered that pattents Issue according to the prayer of the sd Petition

Read the Petition of Robert Cartwright setting forth that about Two years ago Benjamin West obtained a patent for 900 acres of Land Lapsed from the sd Cartwright wch said Land the Petr Cleared built upon and Tended long before the said West obtained a patent for the same therefore prays that the Heirs and Trustees of the said Benjr West may be sumoned to appear or such other persons as he shall require to prove the premises

Ordered That the sd petition be granted as prayed for

By order
J LOVICK Secty