His Excellency the Governour was pleased to acquaint the Members of Council Present that his Majesty's Service and the good and welfare of the province require the calling of the Assembly together at this time, that the lower House was according met, but by reason of the Death of Eleazer Allen Esqr a late Member of his Majesty's Council and two others of the Council being out of the Province there was not a sufficient number of Councellors to act in a Legislative Capacity (five Members being held necessary to form an Upper House) and desired their Opinion whether it would not be highly Proper in the present conjuncture to appoint a Councellor in the room of the said Eleazer Allen Esqr deceased untill his Majestys pleasure shall be known thereon; which the Honourable the Council unanimously approved of. Whereupon his Excellency by and with the advice and Assent of Council, wasr a Member of his Majestys Council, for and within this Province. And the said James Innes Esqr being called to the Board and acquainted therewith took and subscribed the several Oaths by Law appointed for the Qualification of Publick Officers, as also the Oath of a Counsellor, and his Place at the Board accordingly.
Present—The Honourable James Innes Esqr
Mr. Samuel Swann exhibited in Council the Petition of Jennet Boyd praying the same might be read, which was accordingly, which is as follows, Vizt
The Petition of Jennet Boyd. Sheweth.
That your Petitioner being a Widdow and living in easy and comfortable circumstances intermarried about twelve years ago with one John Boyd with whom she dwelt during the said Twelve years, and behaved herself as a faithfull dutifull obedient and industrious wife and in the said Time the said John by the assistance and Industry of your Petitioner acquired a considerable Estate in Lands, Cattle, household goods and other valuable Effects. But now so it is, may it please your Excellency, that notwithstanding the Behaviour of your Petitioner as Wife to the said John during the time aforesaid hath been blameless, the said John without any manner of reason or provocation (but only as your Petitioner hath reason to believe by the instigation of lewd Women who your Petitioner hath too much reason to suspect have alienated the love and affections of the said John from your Petitioner his Wife) doth beat abuse, wound and evil intreat, Your Petitioner, so that she goes in perpetual peril and danger of her Life, Limbs and other bodily hurt. And the said John to add still further to his cruelty to and deprive your Petitioner of any subsistance either in his life time or after his decease if she should survive him hath made a voluntary conveyance of his whole Estate real and Personal with Intent to reduce your Petitioner to the utmost Misery in her old age.
May it therefore please Your Excellency to grant to your Petitioner his Majesty's most gracious Writ of Suplicavit to bring the said John before your Excellency in the most Honourable Court of Chancery there
And your Petitioner as in duty bound shall ever pray.
Which being considered tis Ordered that a Writ of Suplicavit do Accordingly issue against the said John Boyd agreeable to the prayer of the said Petition and also a Subpeana to the said John Boyd to appear before his Excellency the Governour as Ordinary to Answer the other part of the said Petition returnable to this Board at their next meeting
Read the following Petitions for Warrants for Land, Vizt
Simon Herring 200 Johnston, John Francks 200 Craven, Mary Jones alias Saucer 100 Bladen, Thomas Waman 100 Bladen, John Russ Junior 600 Do, Henry Cannon 300 Craven, William Teague 400 Johnston, James Oates 300 Do, Richard Caswell Junior 200 Do, Benjamin Moor 400 Bladen, Andrew Bett 50 Carteret, William Bartram 100 Bladen, William Robards 400 Do, Church Bell 400 Carteret, Joseph Hauton & Wm Hill 150 Do, George Branch 300 Onslow, Samuel Swann 200 New Hanover, Do 300 Do, Do 200 Do, Seth Robens & Isaac Serivens 400 Carteret, Edward Reaves 100 Bladen, John Howard 100 Onslow. Granted.
Read Sundry Petitions for Grants for Patents Vizt
Habakkuk Russell 50 Carteret, Joseph Jackson 400 Craven, Benjamin Blount 300 Johnston, John Rows 200 New Hanover, Benjamin Clements 400 Johnston, Martin Fryar 100 New Hanover, Robert Fellows 200 Johnston Granted
Richard Caswell 600 Anson, John Fitzjarold 150 Johnston Granted
Read the Petition of John Rows for a resurvey of a Tract of Three hundred Acres in Johnston County. Ordered that the same lye over till the next Council; and that the petitioner do then lay his Patent before this Board.
Read the petition of William Carruthers setting forth that in March last he entered a resurvey on a patent for Land held by Farnifold Green in order to inform himself of the true Bounds thereof and then to petition for the vacant Land adjoining the same, but not having the Courses of the said patent and James Green assuring him he would deliver him the same the Petitioner ceased to proceed any farther therein at that time. And for as much as the Petitioner has often times since applyed to the said Green for the Courses aforesaid, which he has nevertheless refused to deliver; and in regard no record of the said Patent is to be found the Petitioner humbly prays the preference of a resurvey that they said Green may be compelled to deliver him the courses aforesaid; or in case Farnifold Green should apply for the said resurvey, that they same may be directed to, and run out by a surveyor who shall be deemed an indifferent Person.
Then was read the Petition of Farnifold Green and James Green showing they are in possession of a Tract of One Thousand and seven hundred Acres of Land granted by the late Lords proprietors Patent to Farnifold Green their Father scituate in Craven County on the north side of Neuse River beginning at the Sandy point of Farnifolds Creek. And the Petitioners conceiving there is more Land contained within the courses and distances of the said patent than the same specifies humbly prays a resurvey thereon: Which on consideration of the Board is granted and Ordered that the Surveyor General cause the same to be resurveyed, and that Solomon Rew and Richard Caswell, Deputy Surveyor indifferently chosen and appointed in Council do accordingly run out the premises, first giving the Petitioner William Carruthers notice thereof and that a report of their Doings therein be made to this Board at their next sitting.
At the same time was read the several Petitions of Francis Dawson, William Carruthers, James Green and Daniel Shine touching the premises; which are Ordered to lye over till the resurvey granted to Farnifold Green and James Green aforesaid be duly made and returned
Read Sundry Petitions for Warrants for Land Vizt
Thomas Mills 150 Craven, Stephen Calvert 200 Do, John Bradley 100 Do, Garret Hyman 300 Beaufort, Christopher Dawson 100 Craven, Peter Shaver 640 Bladen, Gyles Clements 100 Beaufort, Henry Gibbons
Read the Petition of William Beasley for a Warrant for Two hundred Acres of Land in Craven County which the same not being properly ascertained is delayed till the next Council.
Read the Petition of Henry Heaton for a Warrant for One hundred Acres of Land in Craven County and delayed till better ascertained
Mr. John Rice exhibited in Council the Petition of John Mills praying the same might be read, which was Accordingly and is as follows Vizt
The Humble Petition of John Mills, Sheweth,
That on the 26th day of June 1746 he obtained the Kings Patent for One hundred and fifty Acres of Land lying in Craven County; which Patent, and the plat thereto annexed, are Erroneous; The same specifying on the North side of Neuse river, beginning at the head of a Gut, at a white Oak and runs North 73 Et 257 pole to an oak then So 10 Et 186 poles to a stake at the Creek side thence up the several courses of the Creek to the first Station. When the same should have been thus, At the head of Powells Creek, and on the North side of Neuse river, between the Lines of John Nelson's and William Morgan, beginning on Powell's Creek at a white Oak joining Nelsons Line and runs No 73 Et 257 poles to a red Oak then So 10 Et 186 poles to a stake on the Creek then up the Creek to the first Station
That the reason of such mistake was owing to the Deputy Surveyor, who having so mislaid the Original Plat that the same being for a long time not to be found was obliged to return a plat taken from his field book, and that as your petitioner imagines inadvertently. That the true Warrant and Plat being at length returned into the Secretarys Office Your Petitioner humbly prays that a new Patent may issue agreeable thereto, of equal date with the former, and that the old Patent may be cancelled and the record expunged the same
And Your Petitioner as in duty bound shall ever pray
The Board having taken the said Petition into their consideration and in regard the record not appearing thought fit to postpone the same till the next sitting of the Council and Ordered that the Secretary (having five days notice) do then produce to this Board the Patent Book that the mistake set forth in the said petition may be rectified as prayed.
Read the following Petitions for Grants for Patents Vizt
William Collins 300 Johnston, John Simpson 200 Onslow, Samuel Baker 200 Bladen, Thomas Lovick 200 Craven, John Windows 100 Johnston Granted.
Read Sundry Petitions for Warrants for Land Vizt
Peter Matthew 50 Craven, Richard Cogdell 300 Johnston, Isly Kilpatrick 450 Do, John Vernan 150 Duplin, Alexander Lillington 640 New Hanover, John Herring 500 Duplin, Jacob Jernagin 640 Do, James Hasell 850 New Hanover. Granted.
Read the following Petitions for Grants for Patents Vizt
Joseph Letchworth 200 Craven, John Ratcliffe 250 Johnston, Charles Robinson 100 Anson, William Carruthers Junr 300 Craven, John Corlew 640 Anson, Robert Brinkley 500 Do Granted
His Excellency was pleased by and with the advice and assent of his Majesty's Council to order that a Dedimus issue to Johnston County to Qualify Thomas Banks Thomas Edwards William Spight Stephen Cade Joshua Horton, Samuel Sandford and Philip Trapnal Justices in the Commission of the Peace for and within the same.
His Excellency was likewise pleased by and with the advice and assent as aforesaid to order that a Dedimus issue to Chowan County to qualify John Sumner, Demsey Sumner, Thomas Walton and Richard Bond, Justices in the Commission of the Peace for and within the same.