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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
March 01, 1737 - March 10, 1737
Volume 04, Pages 271-277

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[From the MSS. Records of North Carolina Council Journals.]
COUNCIL JOURNALS.


At a Council held at Newton the 1st day of March 1736/7.
Present His Excellency the Governor.
The Honōble Nath Rice Esqr Member of his Majesty's Council
The Honōble Math Rowan Esqr Member of his Majesty's Council
The Honōble Richd Halton Esqr Member of his Majesty's Council

The Assembly having been prorogued to this Day and a sufficient number to make a House of Burgesses or upper House not appearing His Excellency was pleased by and with the advice and consent of His Majestys Council further to prorogue the same to Thursday the 3d Instant.


At a Council held at Newbern the 3d March 1736/7
Present His Excellency the Governor.
The Honōble Nath Rice Esqr Member of his Majesty's Council
The Honōble Math Rowan Esqr Member of his Majesty's Council
The Honōble Robt Halton Esqr Member of his Majesty's Council
The Honōble Edwd Moseley Esqr Member of his Majesty's Council

His Excellency communicated a Ler from the Govr of So Carolina advising of the preparations of the Spaniards to invade Georgia and desiring that proper Precautions might be taken here to prevent their being supplyed with provisions from this Province and His Excellency desiring the Council's advice thereon they are of opinion the same should be laid before the Assembly

The 4th of March Present His Excellency the Governour The Honōble Will Smith Esqr President

The Honōble Nath Rice Esqr Member of his Majesty's Council
The Honōble Math Rowan Esqr Member of his Majesty's Council
The Honōble Robt Halton Esqr Member of his Majesty's Council
The Honōble Edwd Moseley Esqr Member of his Majesty's Council

His Excellency having commanded the Attendance of the lower House they accordingly presented themselves at the Council Chamber where his Excellency delivered the following speech to both Houses Vizt

Gentlemen of the Council Mr Speaker and Gentlemen of the House of Burgesses

It is so short a time since I laid the miserable state of your public Affairs before you that I flatter myself I have no occasion to remind you of them at present I shall only therefore once more assure you that if you are disposed to take any measures for maintaining and establishing the public Worship of Almighty God making any provision for the Education of Youth or the Reformation and better execution of your Laws I

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am come with a most sincere Intention of concurring with you in promoting such valuable Ends or in any other Law which may be proposed for the real advantage of the province

I recommend it to you in a particular manner to appropriate the powder money.

As this Revenue is levied upon shipping and there are no Ports in the Country in my opinion the most just and natural way is to apply it to the Improvement of the navigation of such Ports where the same is collected. This will be highly necessary if ever any public encouragement is given in this Colony (as it is in all the neighbouring Ones) to raise com̄odities which are of value at home and by so doing relieve the people from paying such excessive prices for European Goods as they do at present. It is possible some future Assembly may mind the true Interests of their Country more than vain unnecessary Disputes and if you will do nothing else Gentlemen I think you ought to pave the way for such an Assembly.

I have received Intelligence by an express from the Governour of South Carolina that there is an Armament of Spanish Ships of War and Troops preparing at the Havand to be sent to St Augustine and from thence to attack the new colony of Georgia and the Province of South Carolina and that they were taking all the necessary Precautions to put the Country in the best posture of Defence upon such an occasion Gentn [I] think the least you can do is to make a more effectual Law than the present is for raising the Militia that you may be able if there should be occasion for it to Defend yourselves and show your gratitude to his Majestys subjects in that Province who came so generously and so seasonably to your Relief when in the Extremity of Distress.

The season of the year and many other circumstances may easily convince you that this can be no long Session I therefore expect you will loose no time in Dispatching the public Business.

The Lower House of Assembly having Ordered His Majestys Officers into Custody for distraining for his Majesty's Quit Rents to discourage and put a stop to such pernicious practices derogatory to the Crown and subversive of Order and good Government His Excellency thought fit by and with the advice and consent of his Majesty's Council to dissolve this Assembly and accordingly tis Ordered a Proclamation be forthwith published declaring this present Assembly to be dissolved for the aforesaid Reasons.

-------------------- page 273 --------------------

At a Council held at Newbern the 7th March 1736 [1737]
Present His Excellency the Governour
The Honōble Will Smith Esqr Member of His Majestys Council
The Honōble Mathew Rowan Esqr Member of His Majestys Council
The Honōble Nath Rice Esqr Member of His Majestys Council
The Honōble Edward Moseley Esqr Member of His Majestys Council
The Honōble Rob Halton Esqr Member of His Majestys Council

Read the Petition of George Bullock eldest son of Tristram Bullock deceased praying a Patent for 300 Acres in Onslow precinct joining Grant's Plantation for which the said Tristram had a Warrant which was opposed by Mr Starkey who informed the Board that the said Tristram in his Life time had often told him the said Starkey that he intended the said land for his Son Jeremiah Bullock to which being sworn—

Ordered that a Patent issue to the said Jeremiah son of the said Tristram Bullock.

Read the Petitions of sundry Persons for Patents as follows vizt

George Kernegees 200 Craven, Adam Moor 150 Craven, Wm Wilson 400 Craven, William Herritage 293 Craven, George Stronger 640 Do, George Roberts 461 Do, Do 160 Do, Mary Trotter 995 Do, Daniel Shine 200 Do, Jno Cox 320 N. Hanover, Kath Miller 640 Craven, Jacob Simmonds 250 N. Hanover, Joseph Inson 300 Do, Roger Moore Esqr 1000 Do, Richard Eagles 800 Do, Jno Simmonds 250 N. Hanover, Wm Farmer 367 Craven, John Fonville 640 Do, Alexr Grant 640 Onslow, Stephen Howard 640 Do, Carry Godbee 200 Carteret, Richd Price 640 N. Hanover, John Dalzil 200 Bladen, Thos Hodges 120 Do, Richd Elliot 200 Craven, Andrew Bass 100 Do, Edwd Lowl 507 Onslow, Edward Howard 640 Do, Thos Murphy Junr 300 Craven

Ordered that Patents issue accordingly.

Read the Petition [of] Thomas Smith setting forth that he had purchased a Plantation at Turkey Quarter near Neuse River on which a house was Built and other improvements made that James Green obtained a Warrant for three hundred and five acres near the said Plantation that the Surveyor first executed Mr Greens Warrant and in such manner as to include your petitioners Land in the Survey althō there was vacant Land sufficient that Greens survey contains near 500 acres.

Therefore your petitioner prays an order to resurvey Mr Greens land and that the surplus be granted to your Petitioner.

Ordered that the Surveyor General or his Deputy resurvey the aforesaid Land and return his doings therein to this Board.

Read the petition of James Keith praying a patent for 500 Acres of land on the No side of Nuse River in Craven precinct Andrew Bass opposed the said Petitions having a Warrant which had been surveyed

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the Lines of which Survey Intersected the others and it so appearing to this Board by the two platts

Ordered that both tracts be resurveyed and that the Surveyor carefully observe the Kings Instructions in doing the same and that he make return thereof into the Secretary's Office


At a Council held at Newbern the 8th day of March 1736 [1737]
Present His Excellency the Governour.
The Honōble Will Smith Esqr Member of his Majestys Council
The Honōble Robt Halton 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 Edwd Moseley Esqr Member of his Majestys Council

Read the following Petitions for Patents which are granted Vizt

Henry Bishop 500 N. Hanover, Wm Heritage 326 Craven, Geo Taylor 236 Do, Jere Murphy 264 Do, Maurice Moore 600 N. Hanover, Nath Rice 640 N. Hanover, Henry Stanton 320 Carteret, Wm Shewbridge 640 Onslow, David Evans 640 N. Hanover, Nichs Bryant 372 Carteret

Ordered that Patents issue accordingly


At a Council held at Newbern the 9th March 1736 [1737]
Present His Excellency the Governour
The Honōble Wm Smith Esqr Member of His Majestys Council
The Honōble Math Rowanv Esqr Member of His Majestys Council
The Honōble Nath Rice Esqr Member of His Majestys Council
The Honōble Edwd Moseley Esqr Member of His Majestys Council
The Honōble Robt Halton Esqr Member of His Majestys Council

Read the following Petitions for Patents Vizt

Frederic Isler 260 Craven, John Dunning 150 Bertie, John Simmons 640 Craven, John Hill 200 Ditto, James Derham 400, Wm Maxwell 590 Craven, Philip Trapnel 250 Ditto, Martin Franks 640 Ditto, Do 640 Ditto, Richard Dunn 80 Bladen, Wm Powers in his petns 320 Ditto, Francis Stringer 640 Craven, Magdalen Campbel 640 Bladen, Wm Grace 250 Bladen, Orlando Champion 120 Chowan, John Anderson 640 N. Hanover, Randolph Fisher, 180 Craven, Martin Franks 3000 Ditto, Ditto 1000 Ditto, Ditto 882 Ditto, John Wiggins 300 Ditto, Eleazer Allen 320 N. Hanover

Ordered that patents issue accordingly

Read the petition of John Montgomery Esqr setting forth that one Richard Evans obtained a Warrant for 300 Acres of Land on Barnetts Creek in New Hanover Precinct That the Petitioner purchased the said Land from Evans he therefore prayed a patent in his own name

Ordered that the last Courts order be read which was accordingly read in the following words

Ordered that Colonel Maurice Moore produce his patent for Land lying on Bernards Creek 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

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Whereupon Mr Moseley produced a Copy of a patent which he affirmed included the Land petitioned for by the said Montgomery and that a patent formerly mentioned in relation to this 300 acres of land was a distinct patent.

Ordered that it lye over to next Court of Claims and the two original Patents aforementioned be then and there produced to which both Parties consented


At a Council held at Newbern the 10th March 1736 [1737]
Present His Excellency the Governour
The Honōble Will Smith 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

Read the following Petitions for Patents Vizt

David Sheppard Junr 100 Carteret, Jno Rouse 140 Craven, Wm Davis 360 Carteret

Read the Petition of John Fonville setting forth that his boundaries were decayed praying an Order for a resurvey in order to perpetuate and ascertain them

Ordered that the Surveyor General or his deputy resurvey the said land he the said Fonville giving notice to George Lane of the day when he intends to Survey the said land

Read the petition of Thomas Murphy Senr praying a resurvey of William Fanacliffs Land

Ordered that it be resurveyed and that the Surveyor General return his doings thereon into the Secretarys Office


At a Council held at the Council Chamber in Newbern the 10th day of March 1736 [1737]
Present His Excellency the Governour
The Honōble Wm Smith Esqr Member of His Majesty's Council
The Honōble Robt Halton Esqr Member of His Majesty's Council
The Honōble Math Rowan Esqr Member of His Majesty's Council
The Honōble Edwd Moseley Esqr Member of His Majesty's Council

Ordered that Corns Harnet Alexander Logan and Jas Murray Esqrs be added as Justices to the Commission of the Peace for N. Hanover precinct

Ordered that Saml Johnston William Maxwell Roger Adams and Thos Lock Esqr be added as Justices to the Commission of the peace for Bladen

Read the following table [of] Fees by His Excellency (by and with the advice and Consent of his Majesty's Council) ordered to be taken into the Exchequer Office and that a fair Copy of the said fees be affixed in the said Office.

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THE CHIEF BARONS FEES
Procl Money
For each Spa. Capias, or other Origl process
£
4
For hearing every cause in Equity
7
6
For Signing every Decree
7
6
For Writ of Error or other Appeal
5
For every Attachment for Contempt
7
6
For every Attachment with proclamation
15
For every Commission of Rebellion
1
10
For taxing costs
5
For Commissns to Examine Evidence or to take an Answr in Equity
5
For entring Satisfaction
3
For every Recognizance entered into before the Chief Baron
5
For hearing every cause in Equity
10
10
For every Commission of Sequestration
10
10
For filing each Bill in Equity
2
For each answer or Demurrer
2
For every Rule of Court
2
For swearing every Evidence
1
For Filing every Bond or other Writing
1
For entring every cause in Barons book for hearing in Equity
5
For entering each decree
7
6
ATTORNEY GENLS FEES
For a Spa. or other original prcess. in each cause
2
6
For drawg peruseing Engross & signg each bill or Inform.
1
5
For peruseing an answer or plea
10
For every motion
7
6
For every process of Contempt
5
For Fee on each hearg or Tryal
1
10
For drawing & signing Exceptions or Interrogatories
12
6
For drawg a Replication
5
For peruseing each Deposic̄on or Affidavit
2
6
USHERS FEES
For every Affidavit Sworn in Court
2
6
Fee on every appearance
2
Fee on every Decree or Judgement
10
10
REMEMBRANCERS FEES.
For each Spa. or other Original process
2
6
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For copy of Bill Answr or other pleadg per sheet each sheet 90 words
For filing every Bill or Answr or other paper
1
For every Order
2
6
For copy of each ordr
2
6
Copy of every affidavit per sheet as above
Calling of a Jury
2
2
Ingrossg every decree, recordg each Decree or Judgmt per sheet as above
Copy of every Record per sheet as above
FEES ESTABLISH'D FOR THE RECEIVr GENl
To the receiver General for every Warrt of distress
7
6
Distraining Officer for every distress made per pound
1
For every mile going and coming
6
For cartage of all Household or other Goods distrained wch requires Cartage per mile