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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
March 26, 1723 - April 02, 1723
Volume 02, Pages 507-510

[Records of General Court.]


North Carolina—ss.
At a Genl Court of Oyer & Terminer and Gaol Delivery held at Edenton the twenty sixth day of March Anno Dni 1723 & continued by severall adjournments till ye 2d day of Aprill following.

The attachment against John Sale to compell him to appear &c at this Court (if to be found) if not then against the Good & Chattells of the said John Sale being returned Executed in the hands of Thomas Mathews and the said John Sale (being Solemnly required) came not and the said Thomas Mathews being also sumoned made his appearance and acknowledge that he hath moneys in his hands belonging to the said John Sale but that an attachment hath already been levyed for part of it.

Wherefore it is considerd and Orderd that the said Thomas Mathews do prepare his Accots and vouchers and Settle the same before the Honoble the Cheif Justice so that report may be thereof made to the next Generall Court on the las Tuesday in July next on the third day of the said Court till which time the said Attachment is continued.

The above Entry was by mistake in page (87) omitted till proceedings of that Court were signd by the Chief Justice.

Test.
W. BADHAM Clk.


North Carolina—ss.
Att a Genl Court of Oyer & Terminer and Gaol Delivery held at Edenton the twenty sixth day of March Anno Dni one thousand seven hundred and twenty three and Continued by severall adjournments till the Second day of Aprill following

Present
Christopher Gale Esqr Cheif Justice
John Worley Esqr Assistanst
Edmd Gale Esqr Assistanst
Adam Cockburne Esq Assistanst
Henry Clayton Esq Assistanst
-------------------- page 508 --------------------

The following persons were Impannelld and sworn of the Grand Jury Vizl

Major Thomas Luton
Joshua Turner Esqr
Joseph Spruill
John Swain
George Allen
ffrancis Pugh
Henry Speller
Thomas Comander
William Howett
John Powell
Cornelius Harnett
James Castellaw
Joseph Jessop
John Jordan
Samuell Patchett

Who being chargd by the Chief Justice with things proper for their Inquiry withdrew and considerd the severall matters given them in charge and on their return having nothing to present they were dischargd from further attendance at this Court

A Bill of Indictment having been presented to the Grand Jury aforesaid against Rebecca pritlove on suspicion of having concealed the birth of a Bastard Child and being returned to the Court here Ignoramus she is thereupon dischargd by proclamation & may goe home without day paying fees.

Joshua Stones being bound by Recogn: to appear at this Court &c accordingly made his appearance and was dismist without day paying fees.

Hill Savage being bound by Recognizance to appear at this Court &c. accordingly made his appearance and was dismist without day paying fees.

Thomas Pollock Cullen Pollock Esqrs & George Pollock Gent being sum̄oned to appear and answer an Informac̄on filed against them by John Lovick Esqr and failing to appear Orderd that an Attachment do issue.

And now here at this day vizl &c. came the Extors of Collo ffredrick Jones deced. late Cheif Justice who by Edward Moseley their attorney appear, and deliverd to the Honoble Christopher Gale Chief Justice two hundred and ninety pounds being the money lodgd in the hands of the said Jones by Robert Atkins and Daniel Mackdaniel for the Security of the Recognizance by them forfeited.

Edward Cockrill being bound by Recognizance to appear at this Court &c and therein failing

Orderd that a Scire fac. to issue to cause him to appear at the next Genl Court & shew cause why his Recognizance should not be Esheated

Thomas Mathews being bound by Recognizance to have the body of the said Edward Cockrill here, appeared but failing to produce the Body day is given him till the next Genl Court to produce him.

-------------------- page 509 --------------------

Ann ffavor being bound by Recognizance to appear at this Court &c accordingly made her appearance and is dismist without day paying fees

Upon reading the Petition of Edward Moseley Gent and Others &c in haec verba vizt


North Carolina—ss.

To the Honoble Christopher Gale Esqr Cheif Justice & to the rest of the members of the Honoble the Genl Court

The Petition of Edward Moseley Gent Jeremiah Vaile and other the Inhabitants of Yaupin Neck in Chowan prcinct.

Humbly sheweth that in the year one thousand seven hundred and seventeen by the Order of the prcinct Court of Chowan a Main Road was laid out from Doctr Urmston's plantation down the neck that leadeth to the mouth of Yaupin River and that the Inhabitants within that District have with great Labour & Expence cleared and kept the said Road as the Law requires, which is of very great use for the Inhabitants dwelling along the Sound side and at the mouth of Yaupin River for without such Road leading from or near the mouth of Yaupin River to the main Road at Doctr Urmstons the said Inhabitants can have no lawfull road to come to the Court held for the prcinct or to the Church or Generall Court held at Edenton. Yet so it is May it please yor Honors that some very few persons Vizl John Blount Esqr James Beasley William Benbury and Henry Haughton having preferrd a petition to the prcinct Court held in July last for altering and changing the said Main Road & making a new one (which can only be for the private use of those petitioners and the great damage of the persons thro' whose lands such New Road is to pass as well as to the great damage of the persons having benefitt & interest in the old Road) Have sureptitiously and Ex parte obtained an Order of the said prcinct Court for altering the Old Road and laying out a new one without the privity knowledge or consent of the owners of the Lands thro' which such Road is to be made and without the knowledge or consent of far the major part of the Inhabitants that are belonging to the old Road Copy of which petition and Order four petitioners produce here in Court all which proceedings of the aforesaid John Blount Esqr and the Order of the prcinct Court aforesaid being contrary to law. Yor petitionrs therefore humbly pray that this Court will be pleased to grant an Order that the Order of the prcinct Court may not be putt in Execution untill yor petitioners are heard in this Honoble Court where they hope to make appear that ye proceedings of the said John Blount Esqr &c. and the order of the prcinct Court grounded thereon are contrary to Law.

-------------------- page 510 --------------------
And the said John Blount Esqr &c may have a time a time appoynted by this Honoble Court to attend and answer the prmises And further that the said Order of the said prcinct Court passed so irregularly & contrary to law may be reversed sett aside and declared null and voyd.

And yor petitionrs as in duty bound shall ever pray &c.

WILLIAM HARRISON
JOHN HARRISON,
mark
UNNIS X HARRISON,
THOMAS PEIRCE JUNr
WILLIAM SMITH
mark
JOHN X AMES
his
JOHN X BENNETT
marke
E. MOSELEY
JEREMIAH VAILE
PETER JESSEY
JOSEPH OATES
mark
WILLIAM X HARRISON
marke
THOMAS X HORTON

And the Orders of the precinct Court therein mentioned & upon a full hearing thereon and the arguments on both sides being only considerd It is adjudged by the Court here that the said Order of the prcinct Court of Chowan July one thousand seven hundred and twenty two relating to the Roads in the said petition menc̄oned be reversed & sett aside, and all proceedings on the said Road declared null & voyd

A Complaint against Luke White for cohabiting with one Elizabeth Avery and abusing his wife &c being read is referrd to the prcinct Court of Chowan

for further proceedings at this Court see page (85) an Attachmt v. John Sales Estate in the hands of Thomas Mathews

And then the Court adjournd

C. GALE Ch. Just
By order of the Cheif
Justice and his Assistants
W. Badham Clk