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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
November 16, 1738 - November 24, 1738
Volume 04, Pages 333-336


At a Council held at Newton the 16th day of November Anno Dom 1738 Present His Excellency the Governour
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 Sundry Petitions Vizt

Thos Burns 320 N. Hanover, Will Blake & Peckersgill 100 Ditto, Eliz Jones 320 Do, Jno Smithies 100 Do, Jno Rogers 400 Bertie, Edwd Jones 350 Edgcombe, Do 200 Do, Jos Wall 150 Edgcombe, Do 500 Do, Robt Dunavan 640 Do, Wm Kinchen 150 Do, Sam Holliman 300 Do, Edwd Jones 400 Do, Jno Porter 400 N. Hanover, Ezekiel Jnoston 400 Onslow. Granted

His Excellency acquainting the Board that he had received Information of a Negro being brought into the Town with the small pox out upon him by Mr Dalrymple Master of the said Negroe and Richard Mortimore Mercht from on Board a Ship lately arrived from South Carolina Carlmet Master where the said Infectious distemper hath a long time raged and with great violence and very fatal Effect And forasmuch as the town People and other Inhabitants are apprehensive of the contagion and justly dread the spreading of so dangerous a Distemper unless some effectual Measures are taken to prevent the same

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Ordered that the said Negroe be strictly confined to the House he now lyes at in the said [town] and that the provost Marshal provide a sufficient Watch to prevent all communication with the said House till all danger of Infection from the same be over as also that the said Dalrymple and Mortimore keep themselves apart from all Company while there may be any danger of Imparting the Infection not presuming to go aboard upon any account or pretence whatsoever at their peril and Furthermore that the Master of the aforesaid Vessel upon notice hereof immediately repair with his Ship two miles up the Black river there to continue for the space of three weeks and have no intercourse during that time with the Inhabitants as he will answer the contrary at his utmost peril


The 17th November Present as before and Roger Moore Esqr

Read Sundry Petitions Vizt

Wm Kinchens 100 acres Edgcombe, Richd Sessums 200 Do, Chas Evans 640 Do, Richd Sessums 640 Do, Jno Speir 160 Do, Vinct Amiat 400 Craven, George Thomas 251 Do, Jas McCroaine 400 Do, George Roberts 200 Do, Jno Harring 300 Do, Jas Gerral 200 Do, Robt West 300 Craven, Jno Burney 200 Beaufort, Walter Kelly 440 Do, Corns Harnet 640 N. Hanover, Jno Sampson 300 Do, Thos Rowan 350 Do, Robt Potter 400 Do, Edwd Scott 300 Do, Jno Williams 640 Onslow, Jno Russal 160 Bladen, James Welsh 640 Do Granted

Ordered that Eleazer Allen, Mathew Rowan and Edward Moseley Esqr be a Committee to consider of proper rules and measures to be observed in the Disposition of Lapsed Lands and that they report their opinions and proceedings therein to the Board on Monday next


The 18th of November Present as before and Eleazer Allen Esqr

Read the Petition of Michael Lowber setting forth that he had obtained a Warrant of his Excelly for 640 acres of land in New Hanover Precinct bounded by Land of John Parry Rush Watts and Col Moor and praying a resurvey of the said Lands that so the aforesaid Warrant may be layed on the vacant Surplus Land

It was observed that the Prayer Clashes with the former part of the Petition which describes a Warrant for 640 Acres bounded by such and such lands Whereas the Prayer is for the Surplusage of the same Lands

Ordered that the Warrant be executed according to the express terms of the same and no otherwise

Read Sundry Petitions Vizt

Job Brooks 200 acres Onslow, Jno Marshall 320 N Hanover, Jonath Tremain 100 Do, Wm Marshal 300 Do, Wm Dry 290 Do, Henry Sumerland 200 Craven, Wm Bright 200 Do, Wm Paget 350 Do, Edwd Coward

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300 Do, Jas Anderson 100 Do, Jonath Bangs 150 Do, Jno Gatling 200 Do, Henry Carmon 400 Do, Jno Morgan 100 Do, George Fisher 156 Do, Bryan Reyley 300 Do, Thos Branton 640 Do, John Fellow 300 Do, Simon Bright 190 Do, Jos Letchworth 200 Do, Abrah Odam 615 Do, Corns Tyson 300 Do, Jno Mathews 300 Do, Richd Earle 400 N. Hanover, Jno Fellow 400 Craven, Jere Murphy 200 Do, Thos Tyson 300 Do, Chas Coward 250 Do, Frans Hodges 200 Craven, Thos Graves 350 Do, Henry Smith 500 Do, Jno Taylor 200 Do, Frans Stringer 250 Do, Jno Beckton 200 Do, Jno Wilson 300 Beaufort, Jno Lamberson 300 Do, Jacob Moore 250 Do, Jno Lee 500 Do, Richd Cheek 640 Do, Seth Pilkington 640 Do, Will Mitchel 350 Do, Isaac Buck 435 Do, Corns Tyson 150 Do, Do 640 Do, Frans Young 244 Edgcombe

Jno Williams for a resurvey of a tract of land which he holds by patent joining E Andersons on the N. W. branch of the N. River Granted.

Thos Murphy Senior for 199 Acres Surplus Land of Wm Tunacliff

Ordered that William Tunacliff resurvey the Land in question between him and the said Murphy and make return of such Survey to next Court otherwise a Patent to issue to the said Murphy for the said Land

Read the Petition of Mrs Magdaline Campbell praying that two patents in the name of her late husband Hugh Campbell deceased may be altered for that the Lands thereby conveyed are not now situated in New Hanover as before the division of the Precinct and in and by the said patents is exprest but in the new precinct of Bladen

Ordered that the name of the said prct in the said Patents Vizt one for 640ac of land on the No Et side of the N. W. River the other for 640 acres on the So Wt side of the same be accordingly altered from New Hanover to Bladen and that this order be engrossed on the back of the said patents


The 20th of November 1738 Present as before

Ordered that a Commission pass the Seal constituting and appointing Wm Smith Esqr Chief Justice Nath Rice Eleazer Allen and Mathew Rowan Esqrs Justices to hold a Court of Oyer and Terminer and General Goal delivery at Newton the Session to begin this present 20th of November


The 22d of November. Present as before. Read Sundry Petitions Vizt

Henry Owens (retd 198) 190ac Craven, Abra Taylor 360 Do, Jno Derham 240 Do, Abra Odam 615 Do, Christo Dawson 400 Do, Jas McCroean 300 Do, Wm Crosby 320 Do, Jas Perkins 200 Do, Jno Wiggins 200 Do,

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Jno Gatling 200 Do, Abra Taylor Junr 200 Do, Gilbert Devour 200 Do, Jno Williams 400 Do, Eliz Stevenson 150 Do, Edward McConsby 200 Do, Wm Row 200 Do, James Keith 300 Do, Laz Turnage 300 Do, Dan West 200 Do, George Turnage 200 Do, Jas McCroean 400 Craven, Abra Owen 640 Do, Isaac Barrington 300 Do, Henry Bonner 400 Rowan, George Moy 500 Beaufort, Do 200 Do, Do 400 Do, Clifton Bowen 300 N. Hanover, Jno Enzor 200 Do, Wm Hester 500 Bladen, Jno Godfrey 320 Do, Jas Wathen 612 Do, Gershon Benbow 250 Do, Richd Baker 640 Do, Thos Hester 200 Do, Jno Russ 300 Do, Wm Norton 640 Do, Wm Singelary 500 Do, Jacob Crosby 200 Do, Edwd Walmsley 400 Do. Granted

Read the Petition of Michael Lowber for 640 acres of Land adjoining to Rush Watts and other lands Survey returned opposed by Col Moseleys Attorney for that the said Survey is thought to interfere with a Patent of the said Moore

Ordered that Col Moore hath time to the next Court to inform himself whether the said Lowber has incroached upon his Lines

Read the Petition of Saban Plumer Sarah Catherine his Wife praying that a Grant passed last Court to the Petitioners for 350 Acres on Arenuse Creek in Pasquotank may be altered to 150 Acres that being the true quantity contained in the said tract and that the same be made out according to the following description being escheated Land from which an Escheat Patent formerly passed but is lost—beginning at a pine at the mouth of Areneuse Creek then up the said Creek by various courses to a Gut called Ware point gut then up the said Gut by various courses to a marked beach then N W to a hickory being the Corner tree then So 05d E to a red oak by the Pocosen of the River then down the pocosen and the River to the first Station being butted by the Lines of Richard Fourd and Abel Ross. Granted.


The 24th November 1738. Present as before.

Read sundry Petitions Vizt

Jno Fellows 640 Craven, Roger Moore 640 N. Hanover, Margaret Haines 100 Do, Christo Ottey 190 Do, Joshua Granger 640 Onslow, Magdalen Campbel 150 Bladen, Vincent Amiat 640 Craven, Do 200 Carteret, John Richards 300 Craven, Peter Dubois 640 Do, Robt Halton 170 N. Hanover, Roger Jones 150 Beaufort, Mich Heggins 300 N. Hanover, James Pollard 250 Do, Robt Halton 170 Do, Thos Child 1320 Do, Tabetha Larkins 640 Do, Wm Norton 200 Do, Martin Jenkins 320 Do, Wm Cain 640 Bladen, Jno James 200 Craven. Granted.

By order
NATH RICE, Cl.