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Colonial and State Records of North Carolina
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Deposition of Nathaniel Rice concerning land grants in North Carolina
Rice, Nathaniel, d. 1753
Volume 04, Pages 1126-1127

Answers to certain Interrogatories exhibited in behalf of Henry McCulloh Esqre to Nathaniel Rice Esqre Secretary of the said Province.

That Eleazar Allen Esqre deceased late Receiver General of the said Province entered into a Bond for the faithfull discharge of his Office of Receiver General in the penal sum of four thousand pounds sterling with two secretaries vizt myself and Capt James Innes dated in May 1735 which Bond lies in the Secretaries Office but the said Captain Innes some time after upon his leaving the Province desiring leave to withdraw his security the said Eleazar Allen entered into another Bond together with myself and Roger Moore Esqre in (as I remember) the like sum and to the same effect Which Bond I had orders to send to his Excellency Gabriel Johnston Esqre to remain as I supposed in his Excys hands for that I was a party but whether I received such order and direction from his Excly mediately or immediately I cannot be certain at this distance of time as I am from home and can have recourse to no books or papers there to refresh my Memory thō I think it was by word of mouth that his Excellency ordered me to send it to him nor do I remember certainly who it was sent by thō I think it was by the late Attorney General John Montgomery Esqre deceased. The Bond is not recorded in the Office thō perhaps it may be recorded at Edenton.

The list of the Fees in the Land Office delivered Mr. McCulloh was to the best of my knowledge a true account of what the Governour and Officers took on Warrants and Grants in the year 1744 as well as before and since till the late Fee act passed which has made some alteration. There were two Fee acts before made in the time of the Proprietors one in 1715 the other in 1722 by which together with several subsequent Orders of Council occasionally made as new branches of Business were introduced and change of circumstances required the Officers regulated their Demands except in Petitions which were not always drawn by the Clerk and for which no provision was made The Governour's fee of 2s 8d on a Warrant whether founded on some foregoing Law or Proscription I cannot say. The Governour's Fees at that time were and are now taken (I believe) by Mr. Edward Griffith and before by Mr. Maxwell and Mr. Hamilton deceased.

Whether Mr. McCulloh desired a Copy of the Proceedings on his Petition in relation to the large survey on Pedee or if the Governour

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and Council agreed to his having the same I do not remember, nor do I know whether the Governour afterwards refused to affix the Colony Seal to the said papers.

Mr. McCulloh and Capt Rowan had some dispute I remember at the Council Board in relation to the North East Survey. I remember Mr. McCulloh looking over the minute of Council of that day objected to me that the Entry was not full and observing wherein t'was deficient. I remember I took down his observations in writing but how they came afterwards to be omitted in the Minutes I do not remember but that they were not inserted in the original minute was entirely owing to hurry and inadvertency not proceeding from direction or any manner of design.

The Petition in behalf of Mr. Murray Crimble James Huey and their associates is to be seen on the Council Journal and I know of no order thereon but what appears in the said Journal. I never saw any Report of the Attorney General thereon nor do I know of any such being recorded in my Office.

I do not know that the Governour ever exerted his Authority in preventing matters being regularly entered in the Records.

For answer hereto I referr to my answer to the 4th Interrogatory—Whether I promised to enter that Writing in the Minutes, whether it was laid before the Council or how it came not to be entered I am entirely ignorant.

NATH: RICE. Secretary.