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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
July 30, 1723 - August 06, 1723
Volume 02, Pages 510-513


North Carolina—ss.
Att a Genl Court of Oyer and Terminer & Gaol Delivery held at the Court house in Edenton begun on Tuesday the thirtieth day of July Anno
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Dni one thousand seven hundred & twenty three & continued by severall Adjournments till Tuesday the sixth day of August following.
Present
Christopher Gale Esqr Cheif Justice and
John Worley Esqr Assistant
Edmund Gale Esqr Assistant
Adam Cockburn Esqr Assistant
Henry Clayton Esqr Assistant
John Solley Esqr Assistant

Whereas Thomas Dunn appeard at this Barr in Custody of the Marshall and here confest himself guilty of severall petty Larcenys by him comitted within this Government.

Whereupon it is Considerd and Adjudgd that the said Thomas Dunn be tyed to the Taile of a Cart & that he be whipt on his bare back with thirty nine lashes well laid on, and thence to continue in the custody of the Provost Marshall of Albemarle County or his Deputy for the Space of six weeks that he may be deliverd to any person that may or can make any lawfull claim to him as a Servant and if no person appear in that time then he is to be disposed of for four years to the first Master of a Vessel that will give security to transport the said Dunn out of this Government.

Edward Hassell being bound by Recognizance to appear at this Court to answer to the Complaint of Thomas Andros accordingly made his Appearance And the said Thomas Andros John Hassell William Hassell and Abraham Hassell being bound to prosecute and give Evidence appeard also and on hearing the whole matter It is the Opinion of this Court that the prosecutors may be releivd at the Court of Comon pleas and thereupon the said Edward is dismist without day paying Costs.

And now here at this day (vizt &c) came the aforesaid John Lovick Esqr and prayed discontinuance of the Information by him filed not having sufficient Evidence to support the same.

Whereupon the said Thomas Pollock Cullen Pollock Esqs and George pollock Gent are dismist without day And It is Orderd that the Informant pay Costs alias Exōn

John Worley Esq: on behalf of Jacob Blount Overseer of the Roads on the South Shore having appealed to this Court from the Judgement of the prcinct Court of Chowan and now failing to appear and prosecute his said Appeall: Orderd that the said Appeall be dismist with Cost als Exōn

Robert Forster being bound by Recognizance to appear at this Court to answer the complaint of Roger Hazard accordingly made his appearance and was dismist without day paying Costs.

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Roger Hazard being bound by Recognizance to appear at this Court to answer the Complaint of Sarah Hazard accordingly made his appearance & was dismit without day paying Costs

And now here at this day (Vizt &c) Thomas Mathews brought into Court here his papers and filed them but having failed to adjust the Accots between him and the said Sale as by the last Courts Order he ought to have done Therefore it is Considd and Orderd that he do settle the aforesaid accounts before the Cheif Justice with all convenient speed and make report thereof to the next Court on the last Tuesday in October next on the third day of the said Court till which time the aforesaid Attachment is continued

And now here at this day (Vizt &c) the said Edward Cockrill (being solemnly required) to shew cause why his Recognizance should not be Estreated came not which Recognizance being read in these words Vizl

Be it Remembred that on the sixth day of December Anno Dni one thousand seven hundred and twenty two Edward Cockrill Weaver & Thomas Mathews planter came before me Henry Clayton Esqr one of his Majestys Justices of the Peace for the said Colony and of the Generall Court and acknowledged themselves indebted to our Sovereign Lord the King to witt the said Cockrill in the sum of sixty pounds and the said Thomas Mathews in the sum of thirty pounds severally to be levyed upon their Goods & Chattells, lands & Tenements to the use of our Lord the King if Default be made in the Conditions following vizl

The Condition of this Recognizance is such that if the above bound Edward Cockrill shall personally appear at the next Genl Court to be held at Edenton the last Tuesday in March to make answer to the complaint or Information of Thomas Luton and Samuel patchett for stealing a Barrow Hogg belonging to Thos Luton and the sow from Samuel patchett in the year one thousand seven hundred and nineteen which informac̄on is then and there to be tryed then the above Recognizance to be voyd or else to remaine in full force power & virtue &c.

Whereupon It is Considered by the Court here that the said Recognizance is become forfeited and Execution thereof is hereby adjudgd to be accordingly done.

And now here at this day (vizl &c) came the aforesaid Thomas Mathews who was bound by the above Recognizance to have the body of the said Edward at this Court under the penalty of thirty pounds and failing to produce the body of the said Edward he offerd to the Court here a mortgage from him the said Cockrill to the said Mathews of all his whole Estate which was entred into by the said Cockrill to indemnify

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him: and the said Mathews being a poor man & likely suffer by means thereof humbly praying to be admitted to surrender the said Mortgage towards satisfying the said Recognizance and that he may be thereof dischargd &c. The Court taking into Consideration the said Mathews's Case are of opinion that the said Mathews deserves compassion and do humbly recom̄end his case to the Consideration of the Honble the president and Councill.

And then the Court adjourned

C. GALE Ch. J.
By Order of the Chief Justice & his Assistants
W. Badham Clk.