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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
October 08, 1736 - October 15, 1736
Volume 04, Pages 223-225


At a Council held at the Council Chamber in Edenton the 8th day of October 1736 Present His Excellency the Governour
The Honōble Wm Smith Esqr Member of His Majestys Council
The Honōble Edmd Porter Esqr Member of His Majestys Council
The Honōble Nath Rice Esqr Member of His Majestys Council
The Honōble Math Rowan Esqr Member of His Majestys Council
The Honōble Robt Halton Esqr Member of His Majestys Council
The Honōble Edwd Moseley Esqr Member of His Majestys Council

His Excellency requiring the advice of this Board in relation to one Evan Jones who has sat down on certain Lands on the No East branch of Cape Fear river without any Warrant either from the late or present Governour they are of Opinion that he ought to be Warned off

Ordered that the said Evan Jones be warned off accordingly


The 13th Day of October Anno Domi 1736
Present His Excellency the Governour
The Honōble Wm Smith Esqr Member of His Majestys Council
The Honōble Math Rowan Esqr Member of His Majestys Council
The Honōble Nath Rice Esqr Member of His Majestys Council
The Honōble El. Allen Esqr Member of His Majestys Council
The Honōble Rob Halton Esqr Member of His Majestys Council
The Honōble Edwd Moseley Esqr Member of His Majestys Council

Read Sundry Petitions for Patents Surveys Returned Vizt

Peter Reels 350 Craven, George Cummins 400 Carteret, George Roberts 200 Craven, Wm Crawford 400 Onslow (100 retd), A Mabson & J Wainwright 160 Onslow, John Starkey 400 Carteret, Will Maxwell 450 Bladen (No more than 200acs retd), Hugh Blaning 640 Bladen, Wm Smith 100 Craven, John Middleton 640 Onslow Granted


The 14th Day of October 1736 Present His Excellency
Present His Excellency the Governour
The Honōble Wm Smith Esqr Member of His Majestys Council
The Honōble Edmd Porter Esqr Member of His Majestys Council
The Honōble Nath Rice Esqr Member of His Majestys Council
The Honōble Eleaz. Allen Esqr Member of His Majestys Council
The Honōble Robt Halton Esqr Member of His Majestys Council
The Honōble Edwd Moseley Esqr Member of His Majestys Council

Mr Chief Justice Reported the case of a Prisoner named James Powel condemned last Sessions for the Murder of his wife which this Board having duly weighed and considered It is their unanimous Opinion that the Prosecution of the said Powel was wicked and malicious

Ordered therefore that the said James Powel be reprieved till his Majestys Pleasure be known.

Read the Memorial of Edmund Porter Esqr setting forth that His Excellencys Proclamation dated the 2d of November 1734 did require and command those Officers who had been lately prevented suspended or removed from the Execution of their Offices to resume the Functions of their respective Commissions. That he the said Edmund Porter Esqr agreeable thereto did take upon [him] by Virtue of his Commission as Judge of the Court of Vice Admiralty here, to execute the Duties of the said Office

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He therefore prays the opinion of this Honōble Board whether he was not comprehended in his Excellencys Proclamation.

Whereupon his Excellency was pleased to declare the said Edmd Porter restored to his Office of Judge of the Vice Admiralty his Suspention not having [been] confirmed or approved at the Board of Admiralty wherein the Council unanimously concurred.

Read the Petition of George Thenney Esqr praying a resurvey of Lovick Island in Roanoke river. Ordered the Surveyor General or his Deputy forthwith survey the same.

An Order of Council in Govr Burringtons time forbidding the taking up Land within two miles of any Saw Mill having been considered and no Reason appearing why the same should be continued

It is the Opinion of this Board that the same should be no longer observed or in force.

The time applied for holding the Court of Exchequer being near expired Mr Attorney moved for another term.

Ordered that the said Court be continued twelve months from and after the expiration of the time aforesaid

Ordered That a Commission for the Court of Oyer and Terminer be made out constituting and appointing William Smith Nath Rice Edmund Porter Eleazer Allen William Downing and Henry Baker Esqrs Justices of the said Court to be held on the Second Tuesday in December next.

Ordered that a Commission of the Peace be made out for Beaufort Precinct constituting and appointing Robert Turner Jno Sneed Simon Alderson Seth Pilkenton William Barrow Abraham Pritchard Thos Bonner Francis Delamer, Sam Slade Jno Coldon Wm Carruthers and Thos Williams Esqrs Justices of the said Precincts

Read the petition of Sr Richard Everard Bart in behalf of Dame Susanna Everard Executrix of Sr Richard Everard Bart Deceased setting forth that the Tuskarrora Indians are indebted to the said Susanna £203 in Drest Deer Skins and praying that they may be compelled to discharge the same referred to the Indian Commissioners

Ordered that a Commission issue appointing Robert West Esqr—Speirs Jno Gray and Thos Whitmel Gent Commissioners for Indian Affairs

Ordered that for the future the Indian Traders do not presume to trust or give any credit to the Indians and that the aforesaid Commissioners take care to see this Order observed.

Ordered that a Commission of the Peace be made out for the Precinct of Hyde constituting and appointing Sam: Sinclair Joseph Tart Colum Flyn Will Harris Wm Jording Rd Wm Sylvester Fors Jarvis Richd Leermint Wm Martin and Wm Webster Esqrs Justices of the said Precinct

-------------------- page 225 --------------------

The 15th October 1736 Present as before

Read the Petition of Cullen Pollock and Robt West Esqr setting forth that David Henderson deceased bequeathed his Estate to George Henderson of this Province and six other Persons in       share and share alike. That the said George Henderson hath got the whole Estate into his hands the said Petitioners praying that the said George Henderson may be compelled to deliver the six shares aforesaid to them

Ordered that the said George Henderson deliver such part of the Testators Estate as belongs to the six Absent Legatees with the Papers relating thereto to the petitioners

This Board taking into consideration the difference between sterling money and the Current Bills of this Province are of Opinion That it is six hundred per Cent advance on Sterling

Ordered That the Receiver General and all and every person or persons by him appointed to receive his Majestys Quit Rents do receive the same according to the said proportion or Rate of Exchange

Ordered That all Public Treasurers and all Persons whatsoever who have any Public Moneys in their hands do attend at Newbern on the first day of March next ensuing to render an Account thereof to the Committee which shall be appointed to inspect and examine the same

Ordered That Public Notice be given thereof

Mr. Attorney moved in behalf of Rd Evans That He might obtain Patent for 300 Acres of Land on Barnards Creek C. Fear to which Col Moseley objected alledging that Col Moore has a Patent for the said Land

Ordered that Col Moore produce the said Patent before this Board the first day of March next at Newbern and if He fail herein that then the said Evans have a Grant as prayed

Read Sundry Petitions for Patents Vizt

Thos Dudleys 442 Currituck, Corns Jones 426 Do, Thos Dudley 500 Do, Nath Jones 370 Bertie, Will Eldridges 400 Bertie, Jas Setterson 100 Perquimons, Wm Moore 200 Do, Thos Murphy 264 Craven Granted

By Order
NATH RICE Cl.