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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
September 08, 1737 - September 29, 1737
Volume 04, Pages 277-283


At a Council held at Newton the 8th day of September 1737. Present His Excellency the Governour
The Honōble Nath Rice Esqr Member of His Majestys Council
The Honōble M. Rowan Esqr Member of His Majestys Council
The Honōble R. Halton Esqr Member of His Majestys Council
The Honōble Ed Moseley Esqr Member of His Majestys Council
The Honōble E. Allen R. Moore Esqr Member of His Majestys Council

Read the Petitions of Sundry Persons for certain tracts of lands for patents as follows Vizt

Jno Cook 640ac New Hanover, Alex Nichols 639 Onslow, Steph Howard 640 Onslow, Jacob Sadbury 400 N. Hanover, Mich King 500 Onslow, Henry Short 211 Craven, Owen Hill 640 Onslow, Peter Perry 216 Ditto, Peter Parker 300 Ditto, Phil Alston 150 Edgcombe, Jno Stockley 100 Onslow, Jas Smith 640 Bladen, Thos Jones 640 Ditto, Jno Haws 100 N. Hanover, Richard Marsden 500 Bladen, Francis Stringer 220 Craven


At a Council held at Newton the 9th September 1737

Read the Petitions of Sundry Persons for Patents as follows Vizt

Sam Buxton 350 Craven, Thos Austin 640 Carteret, Jno Shackleford 95 Ditto, Thos Clark 200 New Hanover, Rich Cheek 640 Edgcombe, Jno Guess 640 Onslow, Jno Shirly 320 New Hanover, Do 320 Do, Wm Cary 640 Bladen, Edwd Marshburn 250 Onslow, Wm Morgan 365 Do, Jno Mertilleer 640 Bladen, Francis Holton 640 Ditto, David Roach 320 Ditto, Jas Keethcart 300 Craven, Evan Jones 320 N. Hanover, Arthur Mabson 940 Carteret, Ditto 50 Ditto, Ditto 300 Ditto, James Eagon 320 Bladen, Eleazer Allen 215 Craven

-------------------- page 278 --------------------

Read the Petition of Hugh Campbel setting forth that he had obtained a Warrant for a tract of land which was to join a tract belonging to Wm Bartrim that the corners of the said Bartrims land are not marked wherefore he prays a resurvey if Bartrims bounds being ascertained His tract may be run Out Whereupon said William Bartrim presented a Petition for 80 Acres part of the aforesaid Land for as much as he has made considerable Improvements thereon mistaking it to be within the lines of his Survey. Ordered That the Surveyor General do cause Resurvey to be made of the said Bartrims Land joining the Plantation of Thomas Brown and Report his doings to this Board

Read the Petition of Martin Frank setting forth that John Powell Deputy Surveyor Committed an Error in executing a Warrant for 3000 Acres of Land at a place called high Germany for him the said Franks there proving to be no more than 1500 Acres upon a Resurvey wherefore he humbly prays an order for a new survey agreeable to the Warrant. Ordered that the Surveyor General cause the same to be resurveyed as prayed

Read the petition of Robert Donay for a patent for 400 Acres of Land on Hamonds Creek Survey returned to which it being objected that the same is within the lines of a tract called the Lisbon tract the petitioner prayed a resurvey Which was accordingly ordered and a return thereof into the Secretary Office

Read the Petition of James Keith praying a Patent for 150 Acres on the South side of Neuse River opposed in behalf of Capt Roberts for that the said Keith's Warrant was laid upon Land granted by Warrant to the said Roberts. Ordered that both the tracts be resurveyed agreeable to their respective Warrants.


The 10th of September 1737. Present His Excellency the Governour William Smith President
The Honōble Nath Rice Esqr Member of Council
The Honōble Roger Moore Esqr Member of Council
The Honōble Eleazer Allen Esqr Member of Council
The Honōble E. Moseley Esqr Member of Council
The Honōble Math Rowan Esqr Member of Council

Read the Petition of Thomas Jackson for a Patent for 141 Acres Survey returned which was objected by James Castellaw his Attorney Suggested that the same falls within his the said Castellaws lines if otherwise praying the preference which being argued Ordered that a Patent issue to Thomas Jackson

Read the following Petitions for Patents Vizt

Rufus Marsden 400 N. Hanover, Andw Bass 150 Craven, Jas Murray 640 N. Hanover, Abraham Busset 640 Craven, Francis Beale 230 Onslow, Jehu Davis 640 N. Hanover, Jno Parker 100 Craven. Granted

-------------------- page 279 --------------------

John Watson produced a Patent with a wrong Plot returned by mistake and so affixed thereto being a rough imperfect Survey praying that the right plot might be received and a new patent issued agreeable thereto Granted

Eleazer Allen Esqr appeared in behalf of Joseph Wrag Esqr of Charleston in South Carolina and produced a Mortgage from Humphry Johnson Mariner to the said Wrag of two Patents one for 1000 Acres the other for 640 both on C. Fear river dated in October 1728 which Patents were at the same time produced and new Patents prayed the Mortgage not being satifyed of the Validity of the former Grants as by the said Eleazer Allen his Attorney was at large set forth with his reasons for the same one being that the Date of the Survey is posterior to the Date of the Patent which being argued

Ordered that the further consideration thereof be put off to Monday the 12th Instant

The Pretended Original Patents for Land on Banards Creek claimed by Col Maurice Moore for which Richard Evans has several times applyed for a Patent by Virtue and in consequence of a Warrant regularly executed and returned into the Secretarys Office being called for pursuant to the order of last Court the Board was informed that the said Col Moore instead of conforming to the said order for producing the same at this Court and Col Moseley's Consent and Engagement on his behalf had sent his Excellency a Letter acquainting him he had sent the said Patents to England to justify himself to the King and clear up his Reputation or to that Effect which he had now so fair an opportunity of doing by complying with the said order and obligation were he really innocent of the Suggestion in the Secretary's Report in relation to one of the said patents made in Council October 15th 1736 and so strongly confirmed by his whole conduct and proceeding throughout especially the latter part of it


The 13th September 1737 Present His Excellency the Governour
The Honōble Will Smith Esqr Member of His Majestys Council
The Honōble Eleazer Allen 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

Read the following Petitions for Patents Vizt

Jane Alston 250 N. Hanover, Thos Moor 350 Ditto, David Morgan 300 Ditto, Jno White 200 Bladen, Isaac Wayne 640 Ditto, Ann Montgomery 600 N. Hanover, Wm Herritage 353 Craven, Wm Maxwell Esqr 640 N. Hanover, Theops Norwood 640 Carteret, Hector Hancock 400 Ditto, Bryan McCullin 500 Carteret, Martin Holt 640 Ditto, Rufus

-------------------- page 280 --------------------
Marsden 640 Do, Alex McDaniel 200 Bladen, Martin Holt 100 N. Hanover, Francis Brice 200 Onslow, Abraham Blackhall 450 N. Hanover, Thos Hutchins N. Hanover, Abraham Blackhall 640 Ditto, Thos Evans 360 Ditto, Robt Hamilton 640 Bladen, Sam Sab Plomer 640 N. Hanover, Ditto 640 Ditto, Wm Waters 320 N. Hanover, Jno Clayton 30 Bladen, Ditto 150 Ditto, Francis Pugh 200 Chowan, Jonathan Evans 260 Bladen, Eliza Moore 350 N. Hanover, Jno Rice 320 Ditto, Ditto 320 Ditto, Jno Montgomery 300 Ditto, James Craven 640 N. Hanover, Ditto 640 Ditto Granted

Read the Petition of Capt James Innes setting forth that upon a resurvey of 2 certain tracts of land going by the name of McKnights Bluff there is found a surplusage of one hundred and eighty Acres between the said tracts on the N. W. River praying a Grant of the same

Read the Petition of John Guess praying a resurvey of the following Lands Vizt of the land whereon the said Guess now living of Jno Williams land joining to it and of John Williams Land com̄only known by the name of the Fording place in Onslow Precinct which is granted Ordered that the Surveyor General or his Deputy do resurvey the Lands and report his doings thereon

Resumed the consideration of Mr Wrags Petition and Mr Allen praying Warrants for the land in question. Ordered that Warrants issue in the name of Joseph Wragg Esqr for the said Lands.


The 14th September 1737. Present as before and Roger Moore Esqr

Read the Petition of Jeremiah Rowan setting forth That He had Warrants from his Excellency for 640ac the one lying between land of Mr Rowan and Mr Roger Moores the other on Hoods Creek joining the upper side of Mr Rowans Mill land both in New Hanover precinct and that they were duely surveyed and returned into the Secretary's Office praying Patents for the same to which Mr Samuel Swann in behalf of the Heirs of the late Mr Ashe objected and the Arguments on both sides being heard and considered Ordered that the Petitions lye over to the next Court

Read the Petition of William Whitehond praying a new patent for 640 Acres of Land formerly granted lying in Edgcombe and Patent for the same in the Secretarys Office the plot thereunto annexed being erroneous. Ordered that the Allegations of the said petition be made appear next Court and then a patent to issue

Read the following Petitions for Patents Vizt

Gilbourn Knigcade 526 Edgcombe, Jas Murray 640 Onslow, Step Williams 300 Ditto, Francis Sumner 640 Do, Sam Williams 640 Do, Stephen Williams 640 Do, Sam Williams 640 Do, Chas Williamson 300

-------------------- page 281 --------------------
Onslow, Wm Williams 640 Do, Job Bumpus 300 Do, Jno Champion 335 Chowan, Jno Williams 640 Onslow, Ditto 640 Do, Richd Batchelor 400 Do, Wm Cranford 300 Do, Jno Brock 640 Do, Math Rowan 198 Craven, Timothy Bloodworth 640 N. Hanover, Jno Vandozen 50 Craven, Richd Elliot 200 Craven, James Wallace 640 Onslow, Sam Keel 640 Do, Jno Pratt 180 Edgcombe, Sam Speirman 640 N. Hanover, Jno Williams 150 Onslow, Richd Willfred 640 Ditto, Stephen Williams 640 Do, Do 640 Do. Granted.

Whereas many persons that have obtained orders for resurveys have neglected or delayed to carry the same into execution thus preventing others from taking up of Surplus Land to the apparent detriment of his Majesty's Revenue

Resolved that all such Orders not being executed and accomplished within six months from this day shall be void and any other Person on proper application may obtain an order for resurveying any such land the time so limited for resurveying thereof being expired and shall be intitled to the surplusage that on such resurvey shall be discovered

Ordered that the General Assembly of this Province be prorogued to the 6th day of April next

Ordered that none of the controverted Patents commonly called Blank Patents which have issued since the year 1725 shall be enrolled in the Secretarys Office till they be first publickly read in Council

Ordered that all Patents for Land made out and lying in the Secretary's Office or Granted and ordered to be made out and issued be taken out before the last day of March General Court next ensuing by the respective Patentees who are to have Notice of the same by the Publication hereof as otherwise the said Patents will become void in which case (that is to say) the Patentee neglecting to take out his Patent or patents within the time limited as aforesaid the lands granted by such Patent or Patents so forfeited shall be granted to any other person applying for the same


At a Council held at Brunswick the 18th September 1737

Present His Excellency the Governour Will Smith Esqr President Nath Rice Eleazer Allen

Robert Halton, Math Rowan and Edward Moseley Esqrs Commissioners for running the Boundary Line between this Province and South Carolina brought their Several and respective Accounts and laid them before the Board for their Inspection who accordingly proceeded to audit and examine the same the abstract whereof is as follows

-------------------- page 282 --------------------
Currency
Sterling
Robert Halton by Sundry charges and Disbursements as per particular
£402
4
6
is
57
9
1
By Personal Service vizt 56 days Attendance at running the aforesaid Line at 20s per diem Exchange at 600 pr cent Advance
392
is
56
794
4
6
113
9
1
Math Rowan by Sundry Expences and Disbursements
489
16
9
is
69
19
3
By personal Service vizt 66 days upon the Line at 20s pr Diem each as above
462
0
0
66
951
16
9
135
19
3

Edward Moseley Esqr having charged ten days more than the other Commissioners the first Expedition and it appearing that he was attending his Duty at the Council ten of the days which he charges for his service on the line the second time both the said Articles were disallowed and struck off his accounts now standing as followeth—

Currency Sterling
Edward Moseley by Sundry Expences and Disbursements
£435
8
6
is
62
4
0
By Personal Service 58 Days at 20s pr Diem Exchange as above
406
0
0
58
0
0
Total
£841
8
6
120
4
0
Then appeared Mr William Gray Surveyor employed in the aforesaid service and produced his Account
For Disbursements
59
2
6
is
8
8
11
Personal Service 66 Days at 20s Sterling Exchange as above
462
0
0
66
0
0
Total
£521
2
6
74
8
11
Then was present Mr Jno Clayton Surveyor his Acct attested by the Commissioners he being absent which is as follows
3
17
0
0
11
0
Expence Personal Service 12 days at 15s Sterling Exch as above
63
0
0
9
0
0
Total
66
17
0
9
11
0
-------------------- page 283 --------------------

Ordered that a particular of each of the said Accounts subscribed by each Commissioner and the Deputy Surveyor respectively be lodged in the Secretarys Office being first proved upon Oath which was accordingly severally done in the following words excepting only Mr Claytons Acct he not being present as aforesaid

I do solemnly Swear that the Disbursements charged in the within Accounts I have truely and bone fide paid or expended And that all the days I have charged for my own personal attendance I was actually present at running the line or upon the Service So help me God

ABSTRACT OF THE FOREGOING ACCOUNTS
Currency
Sterling
Robert Halton Expences and Personal Services
794
4
6
113
9
1
Mathew Rowan Ditto
951
16
9
135
19
3
Edward Moseley Ditto
841
8
6
120
4
0
Wm Gray Ditto
521
2
6
74
8
11
Jno Clayton Ditto
66
17
0
9
11
0
Grand Total
£3,175
9
3
453
12
3

The Account of Charges for running the aforesaid Boundary Line being then Audited and adjusted, his Excellency and the Gentlemen of the Council were pleased to declare their opinion, that considering the Impracticableness of the ways, with several other Difficulties and Inconveniences attending it is upon the whole a most just, modest and reasonable claim By Order

NATH RICE Sec.


September 29th 1737

Read the Petition of Richard Eagles for 640 acres New Hanover, Nath Rices 500 Ditto Granted