His Majesty having by his Royall Instructions been pleased to appoint Nathaniel Rice and John Bapt Ashe Esqrs Members of Councill for this Province—and There upon ye said Nathl Rice and John Bapt Ashe appearing took and subscribed the several oaths by law appointed for Their Qualification of Publick officers and their places at The Board accordingly
Natha Rice Esqr producing to this Board His Majesties Warrant under his sign Manuel directing that Letters patents Issue under the Great Seal of this Province Constituting and appointing him the said Nathaniel Rice Secretary and Clerk of the Crown of North Carolina.
Ordered that Lers Patents Issue for the same
Cornelius Harnett Esqr being appointed by his Majestys Royall Instructions a member of Councill for this Province appeared and took and subscribed the several oaths by law appointed for Qualification of publick officers and his place at ye board accordingly.
His Excellency the Governr was pleased to be read his Majesties Royall Instructions requiring him to Examine into the Complaints of Sir Richard Everard Bart late Govr of sd Province against sevl members of the Late Council as also their Complaints against the sd Sir Richard Everard and his Excelly acquainting this Board that the said Sir Richard Everard had prayed a Certa day To be appointed for hearing the said Compts Therefore the Govr was pleased to appoint Tuesday the 20th Instant for hearing the said Complaint
And whereas there being some of the Gentlemen who were of the late council now in the lower house of Assembly (who is now setting) His Excellency the Governour by and with the advice and Consent of Council doth Comand that the members of the lower house of Assembly be adjourned till Wednesday the 21st Instant and they are they by adjourned accordingly
Upon Petition of Elizabeth Moore Relict of Thomas Moore deceased setting forth that her husband dying in the begining of October last and that William Little in conjunction with John Pratt under pretence as greatest Creditor to the said Deceased obtained admrn thereon wch she concieves to be Illegal praying the said admrn may be annulled and made void a Copy of which petition the said Little was served with and day assigned him to answer the same At which day ye sd Eliza appd at this Board by Mr Thomas Swann her attorney where the said Little was prest and the matter on both side publickly debated
Thereupon His Excelly (as Ordinary) with the advice of the Council declares the Administration by Mr Little obtained to be Illegal annulled and Void and that administration be granted to the said Eliza as relect widow to ye said pursuant to Law
Joseph Jenoure Esqr his Majesties Surveyr Genll of this Province representing to this Board that he has Sundry times demanded from Edwd Moseley Esqr Late Surveyor Genl all papers relating to the said office and that the said Moseley had not as yet delivered the same to him Praying the oppinion of this Board thereon which being considered of his Excellency the Govr with the advice of his Majesties Council doth order and direct that the said Edward Moseley Deliver up to ye said Joseph Jenoure all papers and platts to the said surveyor Genl Officee Colony Therefore the Governour with the advice & Consent of the Council was pleased to appoint the Honourable William Smith Esqr Treasurer of this Province in the room of Edward Moseley Esqr and that a Comission be prepared for the same accordingly
Read the Petition of Isaac Hill Esqr setting forth that he having an Indian slave named George amongst the Tuskaroore Indians who (as he is Informed) detains ye said Indian slave from his service praying and order may Issue from this Board Directed to Blount King of the sd Tuskarooraes, requiring him to deliver up the sd Indian slave to the sd Hill which being Considered of his Excellency the Govr was pleased to order and direct that Mr Charlton the Indian Interpreter should as soon as posible repair to King Blounts Town and there demand the sd slave from Blount & on the sd King refusal of delivering up the said slave that then the sd Interpreter is hereby directed to summons the said King Blount immediately to answer the same before his Excellency in Council
Sir Richard Everard Bart Late Govr of this Province appeared and prayed to have some Depositions agst John Lovick Esqr Late Secretary and Edward Moseley Esqr Late Surveyor Genl in Suport of the Complaint made by the sd Sir Richard Everard against the said Lovick and Moseley to his Majesty. And the said Lovick and Moseley having Notice to be present the said Moseley appeared but Mr Lovick came not thereupon Colonel William Harding Jones being called appeared and gave the following Deps vizt
The Deposition of Colonel William Harding Jones being sworn on the Holly Evangilist sayeth that about a Twelve month agoe being at the house of Mr George Pollocks the said Pollock produced a blank patent without number of acres mentioned nor sum in the purchase receipt mentioned which reciept to ye best of his remembrance was signed by Mr Lovick Late Secty which patent was sealed and the said Deponant upon veiwing the patent told Mr —— that he might put what Quantity of Acres he pleased into that patent wch ye sd Pollock made no answer but smiled and the sd Depont further saith that he has paid Mr Little the Late Recr General the sum of £14.10 for the purchase of 475 acres of Land and that in reciept given from the said recd General he mentioned only ye reciept £9.10 and without mention of Quit RentSworn to April 24th 1731WILLIAM HARDG JONES.
The Deposition of Mr James Castellaw who being Sworn on the Holly Evangelist saith that about a Twelve month agoe and since he hath seen in the hands of Mr George Pollock four or five Blank Pattents without any mention of the number of acres & Sealed with a seal which he believed was the seal of the Colony and that on the back of which patents reciept signed by John Lovick Esqr Late Secretary without any sum Mentioned and that this Deponant was concerned with Mr Eubank in the purchase of Two of them the Title of which Patents he believed not to be good he perswaded Mr Eubanks to return the same to Mr Pollock again accordingly took one of them Mr Eubanks paying the said Pollock a pistole for the same as the said Eubanks told me who likewise said that he sold the other Pattent to John Green for sixty pounds and further this Deponant saith notJAMES CASTELLAW
The Deposition of Cullen Pollock Esqr who being sworn on the Holly Evangelist saith that he hath a blank pattent in his hands signed by most of the late Councillors & sealed with the seal of the Colony on the back of which pattent is a reciept for the purchase mony And further this Deponant saith notSworn to Apl 24th 1731CULLEN POLLOCK
The Blank pattent which I had from my Brother George Pollock and made oath concerning had 1,000 marked on the back of it and for that sume or Quantity of Land I had it of him I Declare this on oathCULLEN POLLOCK
The Deposition of Thomas Jones Gent who being Sworn on the Holly Evangelists saith that he having an Imaginary survey in the month of June Last he produced the same to Mr Lovick who filled up a Patent for the said Land in August or September Last Dated in the year 1728 And further this Deponant saith notTHOMAS JONES
The Deposition of Doctor George Allynn who being sworn on the holly Evangelists saith that being in Company with a man Living in Rappahannock river in Verginia and Richard Everard who on some Discourse about Pattents, the said Verginian produced a pattent for Lands in Bath County and the purchase money mentioned in said Pattent appeared to be but Eight pounds Currency of North Carolina tho he declared he had paid Eight pound odd in Verginia and that he together with Mr Vail was Evidence to his paying Two Guineas in part of said sum to Mr Little and this Deponant further saith that about six or seven months agoe being at Mr George Pollocks with Mr Thomas Jones who having Discourse with Mr Pollock on an Exchange of Lands the said Jones agreed to part with Two Thousand on Marrattock river valued at £200. for a Patent for Lands in haw oldfield which was Blank and a reciept on the back of said pattent for ye Purchase money but by whome signed this Deponant remembers not & further that he has seen a great many blank patents without any number of acres mentioned therein with reciept on the backs of said pattent for the purchase money paid but the sum not expressed
And further this Deponant saith notSworn to april 24th 1731GEORGE ALLYNN
The Deposition of Mr John Nairn who being sworn saith that about two years agoe he ran out some Land at wch time he saw the said Whitinal produce a pattent wch he took to be blank and that to ye best of His remembrance the number of acres was not incerted in said Pattent
And farther this Deponant saith notSworn to April 24th 1731JOHN NAIRN
Sir Richard Everard appeared before his Excellency the Govr and Declared he had nothing to Charge Mr Moseley withBy orderROBERT FORSTER D Secty
Ordered that Edward Moseley Esqr Late Surveyor General Do imediately give in a list of the names of the several dept Surveyors who acted under him while Surveyor General to ye Governour and Council and that he Do not presume to take any returns from the said Deputys from the Date hereof