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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
May 13, 1735 - May 19, 1735
Volume 04, Pages 48-52

North Carolina—ss.

At a Council held at Newton on Cape Fear River the 13th day of May Anno Dom. 1735.

Present His Excellency Gabriel Johnston Esqr Gov. &c
The Honorable Will Smith Esqr Member of his Majestys Council
The Honorable Nath Rice Esqr Member of his Majestys Council
The Honorable Robert Halton Esqr Member of his Majestys Council

His Excellency the Governour was pleased to signify to this Board That his Majesty had been pleased by one of his Justs to grant the Sum of one hundred pounds proclamation money for holding each Court of Oyer and Terminer to be held within this Province and as the same had not been distributed among the officers of the said Court His Excellency was pleased in Council to distribute the said Salary amongst the Officers of the said Court in the following manner Vizt

To the Chief Justice for each Court
£30
To the Attorney General
20
To the Clerk of the Crown
20
To the Provost Marshall for finding the Court with Dinners during their Setting and for finding the Grand Jury with a Dinner
30

Read the Petitions of Sundry Persons whose names are under written directed to His Excellency in Council setting forth that they had obtained Warrants from the late Governor Vizt

-------------------- page 49 --------------------

Hugh Blaning 640 Acres Bladen, Ditto 640 Bladen, Cornelius Harnett 640 Bladen, Ditto 640 Bladen, Edward Lee 640 Bladen, John Dallison 640 Ditto

Which Warrants having been duly executed and returned into the Secretarys Office the said petitioners humbly pray patents for the said several and respective Tracts which his Excellency by and within the advice and Consent of his Majesty's Council was pleased to grant and thereupon tis Ordered that Patents issue accordingly.

At a Council held at Newton on the 14th of May 1735

Present His Excellency the Governour &c
The Honorable Will Smith Esqr Member of His Majestys Council
The Honorable Math Rowan Esqr Member of His Majestys Council
The Honorable Robt Halton Esqr Member of His Majestys Council
The Honorable Eleaz Allen Esqr Member of His Majestys Council
The Honorable Edward Moseley Esqr Member of His Majestys Council

Read the petition of the following Persons setting forth that they obtained Warrants from the late Govr which have been duly executed and returned and Praying Patents for the same Vizt

Edward Moseley 200 N. Hanover, Do 575 Ditto, Do 600 Ditto, Cornelius Harnet 320 Ditto, William Norton 640 Bladen, Edward Moseley 250 N. Hanover

Ordered that patents issue accordingly

May the 15th 1735

Present His Excellency the Governour
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble Math Rowan Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble Robt Halton Esqr Member of His Majestys Council
The Honoble Eleaz Allen Esqr Member of His Majestys Council
The Honoble Edward Moseley Esqr Member of His Majestys Council

Read the Petitions of the following Persons setting forth that they obtained Warrants from the late Govr which have been duly executed and returned and praying Patents for the same vizt

Robt Halton 640 Bladen, Do 1200 Bladen, (Those granted the 19th), Ditto 640 Ditto, Thos Powers 640 N. Hanover, Cornelius Harnet 640 Bladen, Ditto

Ordered that Patents issue accordingly

Read the Petitions of James Espy praying a Warrant for 640 Acres of Land on Broad Water joining E. Allen's Plantation and shewing he had often applied to Govr Burrington for a Warrant for the said Land but could never obtain one Roger Moore objected against the said Espy having his Petition granted upon arguing of which at length twas agreed

-------------------- page 50 --------------------
by the parties and allowed by the Govr and Council that the said Espy should have a Warrant for 350 acres of the said Land including that part whereon he hath made improvements the remr to the said Roger Moore

His Excellency was pleased to propose the following question Vizt Whether any Conveyance to another person of a title not legal shall take place of the Kings Warrant. Upon reading the above question it was agreed and Resolved That the Kings warrant shall for the future take place and have the preference of any Conveyance to another person of a Title not legal.

On a Motion to His Excellency the Govr in Council by Mr Attorney General in behalf of Jacob Shives setting forth that the said Shives obtained a Warrant from the late Govr for 100ac of Land and that the same was regularly surveyed and returned into the Secretary's Office praying that a Patent issue agreeable to the said Warrant Mr Hodgson opposed the said motion setting forth that one John Brooks had erected a Grist Mill on part of the said Land before the said Shives obtained the said Warrant and it appearing to this Honble Board that he had often applyed for a Warrant before he built the said Mill It was considered and Ordered that the said Brooks have the said Mill with 2 Acres of Land laid out to him as by Law directed and that a Patent issue for the remainder to the said Shives.

Read the petition of John Clayton for a Patent for 600ac surveyed by Warrant from the late Govr and returned Referred to the 16th

May 16th

Present His Excellency.
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble E Moseley Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble Math Rowan Esqr Member of His Majestys Council
The Honoble Robt Halton Esqr Member of His Majestys Council
The Honoble E Allen Esqr Member of His Majestys Council
The Honoble R. Moore Esqr Member of His Majestys Council

Read the petitions of following persons setting forth that they obtained Warrants from the late Governour which have been duly executed and returned and praying Patents for the same Vizt

Sara Groves 640 N. Hanover, John Clayton 360 Bladen (This granted 19th), John Watson 640 N Hanover, Ben Hilliard 400 Bladen

Read the petitions of John Burnap and William Wells praying patents in consequence of Warrants obtained from the Governour when the said Warrants shall be returned being for 640ac each one Ordered that patents issue according to the prayer of said petition

Read the Petition of Jno Clayton for 600ac duely surveyed and returned by virtue of a Warrant from the late Govr

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Read the Petition of Ralph Miller setting forth his possession and cultivation of part of the said Land

Ordered that a patent issue to the said Clayton as prayed He giving Security to convey the Improvements to the said Miller

May the 19th 1735

Present His Excellency
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble Math Rowan Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble E. Allen Esqr Member of His Majestys Council
The Honoble R. Halton Esqr Member of His Majestys Council
The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble E. Moseley Esqr Member of His Majestys Council

Read the Petition of the Honoble Robert Halton Esqr shewing that he obtained a Warrant from the late Governour for 340 Acres which was duely executed and returned and praying a Patent for the same

Ordered that a Patent issue according to the said Warrant

Read the petition of Geo Gibbs praying a Patent for 640ac which Petition on the motion of Roger Moore is referred to Sept next

Read the Memorial of Jno Montgomery Esqr His Majestys Attorney General shewing that as he is to peruse and approve all patents before the same are Signed He therefore prays that his Excellency in Council do fix and settle a fee for him for the perusing and signing fiates for the passing all Lrs patents and Grants under the Great Seal of this Province. It is Ordered by his Excellency by and with the advice and consent of His Majestys Council that the said Attorney General shall have and receive the sum of 30s Currt Bills of this province for perusing and Fiat for each Grant of Land not exceeding 400ac and the sum of 50s for each Grant of above 400ac and no more

Read the Petition of John Smith setting forth that he had seated and planted part of a Tract of Land lying on the So side of the No W branch of Cape Fear River between the Lands of Richard Singletary and Thomas Brown and that one W. Bartram in order to injure and defraud and take the benefit of his Improvements on the said Land had obtained a Warrant for the same with intention to get a Patent in consequence thereof and praying a Warrant may be granted him for 640ac of Land and that a Grant or patent may issue to him thereon preferrable to any other Person according to the rules prescribed by this Board

This Board taking the subject matter of the said Petition into consideration and William Bartram therein mentioned appearing and acquainting this Board that he had a Warrant for 250ac part of the said Tract

It was thereon Ordered that if any of the Improvements of the said Smith do happen to fall within the lines of the said Bartrams Survey

-------------------- page 52 --------------------
made in pursuance of the said Warrant that then the Justices of the Court for the Prect wherein the said Land lies are required to appoint such persons as they shall think proper to value the said Improvements and he the said Bartram is hereby Ordered to pay and satisfy the said Smith for such Improvements according to the value thereon set by the Persons so appointed and that the rest of the said tract of 640ac be admeasured and laid out to the said Smith

Read the Petitions of the following persons setting forth that they obtained Warrants from the late Governour which have been duly executed and returned and praying patents for the same Vizt

Henry Hall 640ac Bladen, Ann Martin 640 Ditto, Ann Vernon 320 N. Hanover, Jno Retter 200 Bladen, Richard Whitly 640 Bladen, M. Rowan 640 N. Hanover, Zulla Lucers 200 Ditto, Ephraim Vernon 280 Ditto, Mathew Rowan 291 Bladen, Jno Rowan 360 N. Hanover, Mat Rowan 320 N. Hanover, Eph Vernon 382 Ditto, Do 250 Bladen, M. Rowan 640 N. Hanover, Do 640 Ditto, Ann Vernon 320 N. Hanover, Hugh Blaning 170 Bladen, Fortune Holderbly 640 N. Hanover, Geo. Gibbs 640 N. Hanover, Mary Morris 600 N. Hanover, Robt Halton 340 N. Hanover, Ch. Dudley 500 Onslow, Jno Hodgeson 640 N. Hanover, Robt Halton 1200 Bladen, Thos Snowden 640 Bladen, Jno Retter 100 Ditto, Mat Rowan 320 N. Hanover, Do 360 Ditto, Robt Simpson 600 Onslow, Robt Halton 640 Bladen

Read the Petition of George Perry praying a Warrant for 640 acres of Land on the Beaverdam Creek joining Nath Moores and Joseph Clarks Lands in regard of his cultivation thereof and erection of a Saw Mill thereon Granted

Read the Petition of M. Rowan Esqr shewing that he obtained Warrants from Geoo Burrington One in the name of John White for 640ac on Hoods Creek and one in the name of Al Boyd for 640ac on the aforesaid Creek in trust for your Petitioner and for the support of a Saw Mill with two saws which Warrants were duly Executed and returned. Ordered that patents issue accordingly to the said Warrants to and for the use of the aforesaid Mill Mr Rowan declaring he took up the said Lands in conformity to an agreement between him and John Baptist Ash Esqr since deceased.