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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
April 04, 1745 - April 20, 1745
Volume 04, Pages 759-770

-------------------- page 759 --------------------
[From the MSS. Records of North Carolina Council Journals.]
COUNCIL JOURNALS.


At a Council held at Newbern 4th April 1745
Present His Excellency Gabriel Johnston Esqr Gov &c
The Honoble Nath Rice Esqr Member of His Majesty's Council
The Honoble Mathew Rowan Esqr Member of His Majesty's Council
The Honoble Robert Halton Esqr Member of His Majesty's Council
The Honoble Eleazer Allen Esqr Member of His Majesty's Council
The Honoble William Forbes Esqr Member of His Majesty's Council
County.
Whites.
Blacks.
Mathew Rowan Esqr
N. Hanover
26
Nathaniel Rice Esqr
Do
17
John Mills
Craven
7
2
John Clark for John Cheek
Bladen
6
Mark Philips
Craven
7
John Rogers
Do
1
John Rose
Do
7
Thomas Smith
Do
8
2
John Becton
Do
2
2
Joseph Balch
Do
1
1
John Russell
4

Read the following Petitions for Warrants Viz

Richard James 300 New Hanover, Do Do 200 Do, Do Do 300 Do, John Williams 200 Do, Richard Greenwood 200 N. Hanover, Nath Rice and Epa Vernon 400 Do, Do Do 400 Do, Robert Callahan 200 Craven, Nathaniel Rice 250 Do, William Person 400 Edgecombe, Robert Ryley 200 Craven, William Benson 200 Edgecombe, John Egerton 300 Do, William Mannering 300 Craven, John McCaslin 200 Bladen, John Sanderson 350 Hyde, James Grange 500 Bladen, Roger Moore Esqr 320 N. Hanover, Charles Harrison 200 Do, Do Do 320 Do, Do Do 100 Do, Robert Young 300 Edgecombe, John Wade 200 Do, John Burfoot 200 Do, Job Rogers 450 Do, John Lawhorn 400 Do, Abraham Odam 100 Do, Samuel McKubbin 400 Craven, Thomas McClendon 550 Do, Henry Heaton 150 Do, Joseph Balch 200 Do, Benjamin Griften 300 Do, William Martin 400 Beaufort, Edward Phelp 300 Tyrrel Granted

Read the following Petitions for Patents, Vizt

John Sterkee 300 Onslow, John Gyles 250 Craven, James Hasell 540 N. Hanover, Do Do 300 Do, Do Do 640 Do, Moses Houlston 186 Carteret, Nathl Rice 250 N. Hanover, Isaac Buck 200 Beaufort.

-------------------- page 760 --------------------

Ordered by His Excellency the Governour in Council, That the Attorney General Prosecute Mr John Davis for Burning Lightwood oft the Kings Land in New Hanover County, and that this Order be his Warrant for the same.

Mr Lattimore sworn saith—That he was at the House of Samuel Goodman on Pe Dee and that there were 18 Guns fired into the said Goodmans house where the Deponant then was a Guard.

Upon Reading the Depositions of Samuel Goodman and John Hickman Setting forth &c And Hugh Lattimore and John Clark being Sworn to declare what they knew of the matter, His Excellency was pleased to Referr the Consideration thereof till tomorrow morning


At a Council held the 5th day of April 1745
Present His Excellency Gabriel Johnston, Esqr, Govr &c
The Honoble Nathl Rice Esqr Member of His Majesty's Council
The Honoble Roger Moore Esqr Member of His Majesty's Council
The Honoble Mathew Rowan Esqr Member of His Majesty's Council
The Honoble William Forbes Esqr Member of His Majesty's Council

His Excellency the Governour was pleased this day by and with the unanimous consent of His Majesty's Council to Order the Attorney General at the next Court of Assize to be held for New Hanover to Prosecute John McKoy Carey Kibbs, Thomas Red and Job Red for Beating and Imprisoning and Shooting several Guns thro' the House of Samuel Goodman Esqr One of His Majesties Justices in Commission of the Peace for the County of Bladen, the said Goodman being then in the Execution of his Office and having then Edward Turner and Gilbert Turner two Horse Stealers in his Custody, and also that the Attorney Prosecute William Turner Edward Turner and Gilbert Turner.

His Excellency the Governour was also Pleased with the unanimous consent and Advice of His Majesty's Council on hearing Several Complaints against Samuel Goodman Esqr One of His Majesty's Justices in Commission of the Peace for the County of Bladen for Mal Practice in the Execution of his Office as a Majestrate, to Order the said Goodman to be struck out of the Commission of the Peace for said County

On Reading this Day at the Board the Petition of Zacharia Martin Deputy Sheriff of Bladen, setting forth, That the Justices of the County Court of Bladen had fined him Five Pounds Proclamation Money for failing to Return some Writs into the Clerks Office in due time which the Petitioner would have done but that he was at the time he should have returned the said Writs dangerously ill

His Excellency the Governour thereupon was Pleased with the advice and consent of the Council to Remit the said Fine.

-------------------- page 761 --------------------

At a Council held at Newbern 6th April 1745
Present His Excellency Gabriel Johnston, Esqr Govr &c
The Honoble Nathl Rice Esqr Member of His Majesty's Council
The Honoble Mathew Rowan Esqr Member of His Majesty's Council
The Honoble Eleazer Allen Esqr Member of His Majesty's Council
The Honoble Roger Moore Esqr Member of His Majesty's Council
The Honoble William Forbes Esqr Member of His Majesty's Council

Read the following Petions for Warrants, Vizt

Hardy Bryan 200 Craven, Hardy Bryan 400 Do, Do Do 400 Do, Edward Bryan 400 Do, Do Do 250 Do, Do Do 400 Do, John Gyles 200 Do, John Becton 200 Bladen, Francis Spivy 100 Edgecombe, John Sanders 300 Carteret, John Becton 200 Bladen, Benja Peyton 640 Beaufort, William Eaton 200 Edgecombe, John Gyles 200 N. Hanover, Do Do 200 Craven, John Fonville 150 Do, Do Do 250 Do, James Gumley 320 Do, Samuel Vines 100 Beaufort, John Slaughter 200 Do, Abraham Ester 200 Hyde, William Watkin 400 Beaufort, Benja Martin 200 Hyde, John Worsley Junr 350 Beaufort, John Robert Lanier 300 Tyrrel, Richard Chesson 300 Onslow, John Mills 150 Craven, John Russell 200 Do, John Tendall 200 Beaufort, Simon Burney 400 Do, Edward Brown 450 Edgecombe, John Wiggins 200 Tyrrell, George Cannon 150 Beaufort, William Andrews 550 Edgecombe, John Cotton 300 Edgecombe, William Andrews 450 Do, William Taylor 300 Do, William McGee 250 Do, Samuel Ruffin 100 Do, Do Do 300 Do, William Horn 150 Do, William Watson 200 Craven, Thomas Long 300 Do, William Everett 200 Craven, Robert Rayford 150 Do, Robert Hatcher 250 Do, Henry Jernigan 200 Edgecombe, Abraham Sheppard 200 Craven, Moses Horn 350 Edgecombe, Thomas Kearney 200 Do, Do Do 200 Do, George Deemy 200 Craven, Benjamin Sanders 150 Do. Granted.

Ordered that the Surveyor Return a Survey of Worseley and Brickles Land.

Read the following Petitions for Patents, Vizt

William Eaton 300 Edgecombe, Isaac Buck 200 Beaufort, Robert Clark 100 Craven, Richard Holland 200 Edgecombe, Christo Guinn 102 Do, Charles Stevens 206 Edgecombe, David Whitney 200 Do, William Boshen 240 N. Hanover, John Edwards 595 No Hampton, John Tindal 100 Beaufort, Nevil Bell 200 Carteret, William Kennaday 200 Craven, Robert Howell 100 Bertie, John Tindall 200 Beaufort, Thomas Howell 200 Craven, William Henderson 150 Do, William Bush 300 Do, William Martin 100 Beaufort, Do Do 400 Do, Charles Cavenah 200 Edgecombe, Abraham Odam 200 Do, John Hennard 200 Do, Joseph Howell 200 Do, John Hennard 150 Do, Joseph Anderson 560 Do, Do Do 335 Do, Do Do 2000 Do, Do Do 125 Do, Do Do 460 Do, Do Do 660 Do, Do Do 625 Do, Do Do 400 Do, Abraham Odam 200 Do, Abraham Odam 200 Edgecombe,

-------------------- page 762 --------------------
William Eaton 400 Do, Do Do 300 Do, Theops Weeks 100 Onslow, Gersham Howland 450 Do, John Harrington 400 Beaufort, Benjamin Hodges, 300 Do, William Cannon 400 Do, Isaac Chevanneaux 150 Hyde, John Smith 100 Do, William Congleton 300 Beaufort, Roger Mason 50 Hyde, Do Do 100 Do, William Dunbarr 300 Beaufort, Henry Snoad 300 Do, Edward Outlaw 280 N. Hanover, William Williams 640 Do, James Hazell 640 Do, John Grenade 300 Craven, Thomas Dudley's Petition for an Escheat Patent Granted, William McHenry Petition for a Platt Granted.

Read the Memorial of Eleazer Allen Esqr [in] the following Words, to wit.


North Carolina

To His Excellency Gabriel Johnston Esqr Governour of North Carolina in Council

The Memorial of Eleazer Allen Esqr Receiver General of the said Province Sheweth.

That your Memorialist some time in November last Received a Letter from Henry McCulloh Esqr Commission of the Quit Rents Dated Socrate the 10th November 1744 wherein among other things he charges Your Memorialist as he apprehends with an Intention to defraud the Crown by not giving due Credit for Tobacco and other Commodities Received by Virtue of the Quit Rent Law, In the following words, Vizt

In looking over your last account of the Receipts of Quit rents Delivered to the Deputy Auditor, I find that you have only credited the Crown for Four Hundred and twelve Pounds three Shillings and three Pence, for the neat Proceeds of Tobacco, Deer Skins and Bees Wax, Received in the Several Precincts of Albemarle County in Pursuance of the late Quit Rents Law As I apprehend you have Past Receipts upon the receipts of these Commodities for near double the sum which is brought to the Credit of His Majesty's Acct Current, I am to desire you'll transmit to me a Particular Account of the different Species of Goods that you Received in Payment of Quit Rents, and in what manner the loss arose thereon.

To which Letter your Memorialist Replied the 26th of the same month in General by saying, That if he the said Henry McCulloh Esqr had any objections to make to his (the Memorialist) Acct or could by any means find out any fraud of any kind to the Prejudice of the Crown he would do an acceptable Service. That it was to the Right Honoble the Lords of the Treasury he apprehended he was accountable &c. which Original

-------------------- page 763 --------------------
Letter and Copy of Reply are Ready to be produced and referred to. As your Memorialist has had the Honour to serve the Crown in the Office of Receiver General for many Years he hopes with Integrity and Exactness, he is under great concern at an Imputation of this kind and having great Reason to believe that the said Henry McCulloh Esqr under Pretence of his Office has or may transmit to the Right Honoble the Lords of the Treasury this or some other suggestions of this kind, kindly Prejudicial to the Character of your Memorialist, He therefore begs leave to apply to your Excellency and this Honble Board for assistance in the means to vindicate himself from the operation and Insinuation the said Henry McCulloh has unjustly laid upon him by summoning the said Henry McCulloh Esqr to appear in Council at a Proper time to shew cause (if any he can) why he has charged your Memorialist which defrauded His Majesty of near one half of the Tobacco and other Commodities by him heretofore Received strongly Implyed in this said Letter, and to proceed therein as to your Excellency and this Honourable Council shall seem meet

ELEAZER ALLEN

Dated April 5th 1755

Ordered that Mr McCulloh have notice to attend this Board to Shew &c.

Ordered that for the future no Patent be Granted where the Return is for Greater or less Quantity of Land than is contained in the Warrant unless the Surveyor who Surveyed the said Land appears and make Oath that there was no more Vacant Land adjoyning to the Land described in the Warrant, And that for the future no Surveyor Presume to Survey more Land than the Quantity contained in the Warrant to him Directed

The following Persons were admitted to Prove their Rights

County.
Whites.
Blacks.
Simon Herring
Craven
6
4
William Reddick
Do
5
William Skibbs for James Long
N. Hanover
6
Do Do for Stephen Hollingsworth
Do
6


At a Council held at New Bern 8th April 1745
The Honoble Nathaniel Rice Esqr Member of His Majestys Council
The Honoble Edward Moseley Esqr Member of His Majestys Council
The Honoble Mathew Rowan Esqr Member of His Majestys Council
The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble William Forbes Esqr Member of His Majestys Council

Read the following Petitions for Warrants Vizt

William Seson 300 Edgecombe, William Duke 300 Do, Nicholas Golefler 400 Do, John Fowler 400 Do, Rose Hutsbeth 640 Do, William

-------------------- page 764 --------------------
Duke 300 Do, Peter Kersey 100 Do, David Douglass 400 No Hampton, James Payne 640 Edgecombe, Archd Hamilton 1,500 New Hanover, James Cane 200 Edgecombe, James Jones 300 Do, Garret Wall 100 Do, Robert Hilliard 600 Do, River Jordan 200 Do, Lodowick Tanner 200 Do, Edward Robertson 400 Do, George Jordan 150 Do, Francis Battis 200 Do, Thomas Leigh 170 Tyrrel, Robert Hilliard 200 Edgecombe

Read the following Petitions for Patents

Roger Moore Esqr 600 N. Hanover, Stephen Lee 100 Tyrrel, Thomas Lowther 100 Curratuck, Edmd Blount 200 Tyrrell, George Moore 300 Bladen, Do Do 320 Do, Do Do 320 Do, Do Do 320 Do, John Sloan 200 Onslow, Nathl Rice & Robt Halton 500 Bladen Granted


At a Council held at Newbern 10th April 1745
Present His Excellency Gabriel Johnston Esqr Gov. &c
The Honoble Nathaniel Rice Esqr Member of His Majestys Council
The Honoble Edward Moseley Esqr Member of His Majestys Council
The Honoble Robert Halton Esqr Member of His Majestys Council
The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble Mathew Rowan Esqr Member of His Majestys Council
The Honoble William Forbes Esqr Member of His Majestys Council

Read the following Petitions for Warrants Vizt

Robert Halton 300 N. Hanover, Hardy Hinton 300 Craven, James Duncan 200 Do, William Middleton 300 Do, John Patterson 300 Bladen, James Boon 100 Craven, Isem Simms 200 Do, James Barton 100 Do, James Johnson 200 Carteret, Absolom Tyler 300 Craven, Wm Reddick 300 Do, Mark Philips 275 Craven, Henry Johnson 100 Craven, George Laws 200 Edgecombe, Benja Bolling 200 Bladen, Joseph Lates 200 Beaufort, Samuel Smith 200 Craven, Alexander Every 600 Do, William Cockran 100 Do, Thomas Tyson 200 Do, William Hester 200 Bladen, Mark Norfleet 200 Edgecombe, William Hilliard 400 No Hampton, Isaac Davenport 300 Edgecombe, David Jernigan 100 Craven, Ambrose Jackson 200 Edgecombe, Samuel Hareewell 200 Do, Arthur Jordan 400 No Hampton, Timo Terril 600 Bladen, Thomas Machet 100 Craven, John Thornton 400 Edgecombe, Philip Mulkey 300 Do, Timo Terril 150 Bladen, Thomas Murrell 150 Do, James Speir 350 Edgecombe, James Nolleyboy 200 Do, Osborne Jeffreys 150 Tyrrel, Nichos Tyner 200 No Hampton, William Williamson 200 Craven, William Pugh 200 Edgecombe, Charles Williamson 200 Onslow, John Carraway 200 Craven, Abraham Warren 100 Edgecombe, William Lendsey 50 Beaufort, Michael Blocker 200 Bladen, John Moy 300 Edgecombe, James Jenkins 300 Do, John Brittle 400 No Hampton, John Smith 150 Craven, John Forbes 320 Beaufort, William Williford 250 Bertie, Anthony Herring Son of Saml Herring 640 Craven, James Green 100 N. Hanover, Stephen Hollingsworth 600 Do, John Batler 100 Onslow, John Barrow 150 Beaufort, Forster Jarvis 100 Hyde, Edmd Smithwick 300 Tyrrel Granted

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Read the following Petitions for Patents Vizt

John Gatlin 200 Craven, Thomas Jones 200 Bladen, Joseph Winn 95 Chowan, John Snell 300 Tyrrel, John Moore 100 Craven, Ann Crawford 300 Onslow, William Phipp 100 Beaufort, Jeremiah Swain 350 Tyrrell, John Pisack 200 Beaufort, Epa Vernon 300 Bladen, James Ridgeway 100 Onslow, William Butler 150 Do, John Davis 500 Bladen, John Anderson 320 N. Hanover, Richard Whittington 100 Edgecombe, Duncan McCoulskey 200 Bladen, Mary McLaughlin 100 Craven, Thomas Smith 640 No Hampton, William Barden 290 Do, Philip Alston 640 Edgecombe, James Alston 350 Do, David Whitney 200 Do, Henry Everett 150 Craven, Do Do 300 Do, William Moore 640 Do, Edwd Smithwick 300 Tyrrel, William McGowan 340 N. Hanover, James Murray 150 Onslow, John Linkfield 200 Beaufort, Christain Ipack 150 Craven, John Jordan 360 Hyde, James Adams 200 Beaufort, John Tuley 50 Hyde, John Murphey 150 Craven, George Stevenson 373 Edgecombe. Granted.

The following Persons were admitted to prove their Rights

County.
Whites.
Blacks.
John Price
Craven
3
5
John Wright
N. Hanover
8
9
Benjamin Martin
Hyde
6
2
Simon Burney
Beaufort
8
William Watkins
Do
8
1
Abra Easter
Hyde
4
John Slaughter
Beaufort
7
Samuel Vines
Do
1
James Gumley
Craven
3
John May
Beaufort
4
2
Thomas Machett
Craven
4


At a Council held at Newbern 11th April 1745
Present His Excellency Gabriel Johnston Esqr Govr &c
The Honoble Nath Rice Esqr Member of His Majesty's Council
The Honoble Roger Moore Esqr Member of His Majesty's Council
The Honoble Robert Halton Esqr Member of His Majesty's Council
The Honoble Edwd Moseley Esqr Member of His Majesty's Council
The Honoble Mathew Rowan Esqr Member of His Majesty's Council
The Honoble William Forbes Esqr Member of His Majesty's Council

Henry McCulloh Esqr not appearing to make good the Allegations alledged in his Caveat against sundry Persons obtaining Grants for Land Lying in Bladen County Ordered that the said Caveat be dismissed

Read the following Petitions for Warrants, Vizt

John Wright 640 N. Hanover, Charles Cavenah 200 Edgecombe, John Wright 640 N. Hanover, William Rogers 200 Craven, Andrew Morgan 100 Craven, John Rice 400 Do, Robert Ryley 450 Do, James Duncan

-------------------- page 766 --------------------
300 N. Hanover, Chriso Dudley 100 Onslow, Francs Alexander 280 N. Hanover, Danl McGuffey 100 Do, Samuel Swann 800 Tyrrell, Robert Parks 400 Craven, Do Do 640 N. Hanover, Andw Kellet 200 Onslow, Moses Tyson 500 Beaufort, Robert Parks 400 Craven, Thomas Sutton 200 Do, Joseph Hare 200 Do, Benja Crowell 150 Curratuck, Evan Miller 150 Do, Samuel Williams 300 Do, Benjamin Perry 50 Pequimons, George Eason 200 Do, Jos. John Alston 640 Edgecombe, Thomas Fesher 200 Craven, John Rice 400 Do. Granted

Read the following Petitions for Patents Vizt

William Kinchen Senr 400 Craven, Isaac Ricks 300 Do, Thomas Mason 150 Hyde, William Cooper 150 Beaufort, Elias Fork 400 Craven, Henry Jarrell 200 Do, John Doyle 400 Edgecombe, Ralph Hudspath 640 Do, Thomas Kearny 300 Do, Edmd Kearny 640 Do, George Laws 250 Do, Anthony Crocker 100 Do, Susannah Anderson 200 Do, Jos. John Alston 500 Do, Do Do 600 Do, Do Do 400 Chowan, William Allen 100 No Hampton, Carolus Anderson 640 Do, Jacob Braswel 300 Edgecombe, Nathl Bradford 300 Bertie, John Gillum 327 No Hampton, Joseph Boon 100 Craven, Benjamin Hill 640 Edgecombe, Do Do 200 Do, William Johnson 600 Edgecombe, Charles Jordan 200 No Hampton, Do Do 200 Do, Thomas Kerby 200 Edgecombe, Do Do 180 Do, William Mearns 300 Do, John Oneals 200 Edgecombe,      Parker 200 Do, Do Do 640 Do, Sampson Pope 225 Do, Thomas Parker 300 Do, George Smith 200 Craven, John Taylor 100 Edgecombe, Do Do 150 Do, Do Do 200 Do, Francis Wallis 200 Do, William Williams 600 Onslow, Hugh McAlexander 320 N Hanover, William Carr 200 Do, Alexander Chambers 600 Do, Francis Hodges 200 Craven Granted.

The following Persons were admitted to Prove their Rights

County.
White. Black.
Francis Hodges
Craven
6
John Carruthers
Do
3


At a Council held at Newbern 15th April 1745
Present His Excellency Gabriel Johnston Esqr Govr &c
The Honoble Nathaniel Rice Esqr Member of His Majesty's Council
The Honoble Edward Moseley Esqr Member of His Majesty's Council
The Honoble Robert Halton Esqr Member of His Majesty's Council
The Honoble William Forbes Esqr Member of His Majesty's Council
The Honoble Mathew Rowan Esqr Member of His Majesty's Council
The Honoble Roger Moore Esqr Member of His Majesty's Council

Read the following Petitions for Warrants, Vizt

Robert Powell 100 Craven, Robert Cox 300 Pequimons, Thomas Lewis 100 Tyrrell, Thomas Walton 640 Chowan, John Russell 150 Craven, Robert Howard 200 Do, Benja Holliman 300 Bertie, Edward Roberts 400 Do, Levi Anderson 150 Beaufort, Mary Porter 640 N.

-------------------- page 767 --------------------
Hanover, John Greenade 60 Craven, Richard Kemp 400 Do, John Brown 200 Do, Simon Herring 600 N. Hanover, Nicholas Baggot 500 No Hampton, Anthony Herring 300 Craven, Robert Hill 200 Edgecombe, John Meezle 300 Bertie, Owen Rece 250 Pasquotank, Bryant Ward 300 Bladen, John Fonville 400 Craven, Jacob Taylor 100 Do, Thomas Martin 400 Do, Charles Harrison 200 N. Hanover, Jacob Paul 300 Bladen, Do Do 50 Do, Jno & Lancaster Lovick 200 Carteret, Joseph Pittman 100 Craven, John Sympson 500 Onslow, John Swann 500 N. Hanover, Jacob Reasonover 100 Craven, William Curlee 200 Do, Joel Lashly 200 Do, John Davis 100 N. Hanover. Granted.

Read the following Petitions for Patents Vizt

James Wright 80 Onslow, William Wyat 313 Perquimons, Do Do 200 Do, James McKelwean 550 Craven, George Reed 300 Carteret, Neal Shaw 200 Bladen, Peter Adam 500 Chowan. Granted.


At a Council held at Newbern 17th April 1745
Present His Excellency Gabriel Johnston Esqr Govr &c.
The Honoble Nathl Rice Esqr Member of His Majestys Council
The Honoble Edwd Moseley Esqr Member of His Majestys Council
The Honoble Robert Halton Esqr Member of His Majestys Council
The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble Mathew Rowan Esqr Member of His Majestys Council
The Honoble William Forbes Esqr Member of His Majestys Council

Read the Petitions following for Patents Vizt

William Brice 100 Craven, John Carroway 175 Do, Joseph Anderson 400 Edgecombe, Francis Brice 100 N. Hanover, Nicholas Routledge 400 Craven, Samuel Smith 250 Do, Do Do 300 Do, David Dunn 100 Craven, Edmund Cartledge 100 Bladen, Rice Price 200 Craven, Samuel McCubbin 400 Do, David Bales 300 Edgecombe, John Patterson 200 Do, Peter Cleft 320 N. Hanover, Jos. John Alston 150 Edgecombe, John Powell 400 Craven. Granted.

Read the following Petitions for Warrants Vizt

Nicholas Purefoy 200 Craven, Roger Moore Esqr 400 N. Hanover, Francis Dawson 250 Craven, John Ross 350 Edgecombe, William Daniel 200 Chowan, Joseph Bryan 200 Bladen, Hugh Larninore 400 Do, William Rutledge 400 N. Hanover, Joseph Bryan 200 Craven Granted


At a Council held at Newbern 19th April 1745
Present His Excellency Gabriel Johnston Esqr Govr &c
The Honoble Nathaniel Rice Esqr Member of His Majestys Council
The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble Edward Moseley Esqr Member of His Majestys Council
The Honoble Mathew Rowan Esqr Member of His Majestys Council
The Honoble Robert Halton Esqr Member of His Majestys Council
The Honoble William Forbes Esqr Member of His Majestys Council

Read the following Petitions for Warrants Vizt

David Smith 200 Bladen, Joseph Anderson 580 Edgecombe, Isabella Phillips 400 Craven, John Carruthers 100 Do, Robert Calahone 400 Bladen, William Shergold 150 Pasquotank, Charles Taylor Senr 100 Do. Granted.

-------------------- page 768 --------------------

Read the following Petitions for Patents Vizt

Jos: Culepepper 300 Edgecombe, Thomas Lee 170 Tyrrel, David Henry 300 N. Hanover, Joseph Lane 400 Edgecombe, Jacob Wells 300 N. Hanover, John Fonville 206 Craven, David Dunn 50 Do, Thomas Rawlins 100 Craven, Jeremh Vail 400 N. Hanover, Benja Kimboll 200 Edgecombe, John Stancland 150 Craven, Samuel Smith 100 Craven, William Bentley 200 Edgecombe, Joseph Lane 200 Do, Samuel Peacock 500 Craven, Thomas Vince 200 Edgecombe, Samuel Smith 200 Craven, William Jones 350 Edgecombe, Benjamin Thompson 600 Do, Joseph Kimboll 500 Do. Granted

Read the Petition of Samuel Saban Plummer against Samuel Williams Obtaining a Grant for Land in Pasquotank and Rejected

Read the following Petitions for Warrants Vizt

Robert Parks 400 Bladen, Do Do 300 Craven, James Monk 640 N. Hanover, Mary Porter 640 Do, Charles Monk 640 Do. Granted


At a Council held 20th April 1745
Present His Excellency Gabriel Johnston Esqr Govr &c
The Honoble Nathaniel Rice Esqr Member of His Majestys Council
The Honoble Edward Moseley Esqr Member of His Majestys Council
The Honoble Robert Halton Esqr Member of His Majestys Council
The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble Mathew Rowan Esqr Member of His Majestys Council
The Honoble William Forbes Esqr Member of His Majestys Council

Read the following Petitions for Patents, Vizt

John Deberry 200 No Hampton, John Hilliard 200 Craven, Paul Pendar 75 Bertie, William Mayner 400 Onslow, Benjamin Fuzzell 320 No Hampton, Joseph Anderson 580 Edgecombe, Regden Smith 200 Craven, Lemuel Linnier 350 Edgecombe, Anne Marshall 300 No Hampton, John Pope 300 Edgecombe, Joel Barker 300 Edgecombe, John Dew 200 Bertie, Joseph Howell 300 Edgecombe Granted

Read the following Petitions for Warrants Vizt

John Bryan 640 Craven, Alexander McCulloh 300 N. Hanover, John Rice 100 Craven. Granted

Read the Memorial of Nathaniel Rice Esqr Secretary of this Province in the following Words Vizt

To His Excellency the Governour in Council Sheweth

That there are great Quantitys of Land for which your Excellency hath granted Warrants that have been Executed and Returned into the Secretarys Office most of them many years since which Land Remains yet unpatented to the great Loss of the Revenue. And more over that great Numbers of such Persons as have applyed and obtained Grants for the Land admeasured and laid out to them by virtue of your Excellency's Warrants, do nevertheless to evade or Postpone the fees and Quit

-------------------- page 769 --------------------
Rents, Neglect to take out Patents in Pursuance of such Grants. The Memorialist therefore humbly submitts it to your Excellency and His Majestys Honorable Council whether some effectual Order should not be taken herein for obliging all Persons holding Lands as aforesaid to Comply with His Majesty's Instructions in that behalf.

And the Secretary further shewing that great Numbers of the Warrants taken out have never been Returned nor even Surveys made in consequence of them

The Same was taken into Consideration and The Honorable the Council came to the following Resolutions. Nem. Con. That Patents be made out and issued by the Secretary on all such Returns or Surveys of Land Returned by the Surveyor General into the Secretary's Office for which Warrantees have neglected to take out Patents as aforesaid, And to Prevent the Detriment accruing to the Crown from such delays for the future, all returns hereafter to be made in consequence of Warrants for Land where the Parties shall neglect to apply for Patents thereupon shall be Patented, and issued as of Course; and in the same manner as if they had been granted on Petition

That Persons entering on the Kings Lands under the Umbrage of a Warrant, but neglecting to put the same into the hands of the Surveyor General to be Executed should be Prosecuted by the Attorney General and the said Lands deemed Vacant

That Persons having applyed and obtained Grants, but neglected to take out their Patents may be distrained on for His Majesty's Rents and the Fees due on such Patents

Whereupon the Secretary was ordered to issue a Proclamation Purporting as follows Vizt

That Persons entering on the Kings Land tho they have Warrants but neglect to have them executed in due Time will be Prosecuted by the Attorney General, and such Lands Granted to others to Vacant Land, And that all Persons whose Warrants are Returned by the Surveyor General but neglect to Petition for Grants will nevertheless have Patents made out for them agreeable to such Returns, and be distrained on for the Kings Rents from the Date of such Patents, and for the Officers fees therein accruing, And that such as have applyed and Obtained Grants but neglect or refuse to take out their Patents will be Proceded against in like manner for the Rents and Fees.

Mr. Secretary Rice Informing this Board that since the Purchase made by the Crown of this Province from the late Lords Proprietors, The Grants issuing from his Office in Consequence of Warrants for all

-------------------- page 770 --------------------
Lands now taken up by His Majesty's Tenants differing not only in the Form and length but also from the great Exactness he is obliged to use in his Office in Recording other Requisites to compleat the same, And that as the fee allowed to the Secretary (under the appointment of the Late Lords Proprietors on each Patent under the Grand Deed which was very Short and often not Recorded was Nine Shillings and two pence.

Therefore Prays this Board to ascertain the same as they shall think fit.

Ordered that the Secretary demand, take and Receive to himself as a fee on every Grant or Patent Granted or to be Granted hereafter issuing out of the Secretary's Office for six hundred and forty Acres of Land or under the Sum of Five Pounds of the present Currency or the value thereof in Proclamation Money.