At a Council held at New Bern on Thursday the first Day of December 1757
His Excellency Produced to the Board a Letter to his Excellency Saml Martin Dated 19th Jany 1757 In which were Inclosed a Copy of an Affidavit Sworn by Alexander Duncan Mr. Rutherfords Clerk before the provost of Edenburg.
A Copy of a Letter wrote by the Honorable John Rutherford Esquire to the Lords of Trade and Plantation complaining among other things of Distractions and confusions in the Country &c.
And also a Copy of the Right Honorable the Lord Walpoles report on said Letter to the Lords of Trade and plantation were Severally read and Mr. Rutherford was called up by his Excellency to shew what reasons
His Excellency then produced to the Board Sevl printed Notes for sums of Money under the hand & seal of the Honble James Murray Esqr thereby promising that the same should be accepted by the Receiver General or his Deputy in payment of his Majestys Quit Rents which said Notes were Countersigned and accepted by the Honble John Rutherford his Majestys Receiver General.
William Walker Sheriff of Newhanover County was Sworn and Deposed that by particular Directions of Mr. Rutherford he received some Quit Rents due out of Newhanover County to the amount of about £120 in the Notes Issued by Mr. Murray and some are accepted by Mr. Rutherford.
That in last Spring was a year he got a Rent Roll from Mr. Rutherford which he had for about a Month the last Spring had it again for about a Month.
Hugh Fullerton was Sworn and deposed that he received from one Benjamin Morrison ten Notes of Mr. Murray for 20s each which said Mr. Murray thereby Promised should be received by the Receiver General in Payment of his Majestys Quit rents that not having any Quit Rents to pay tendered said Notes to Mr. Murray who refused to give him Proclamation Money for them.
Joseph Carruthers Esquire Sheriff of Craven County was sworn and Deposed that he was Employed to receive some Quit rents by Mr. Rutherford and it was agreed he should retain in his hands part of the Money to be received to be apply'd in Discharge a Debt of £568 17s 94d due to the Estate of Joseph Anderson late Attorney General deceased and that he allowed Mr. Rutherford £88 15s 14d for so doing and gave him a discharge for the full sum of £568 17s 9¼d
Ordered that a Proclamation do issue to forbid the several Receivers of his Majesties Quit Rents and the Several Sheriffs of the Respective Counties in this Province to receive the said notes or Bills in payment of any Arrears sum or sums of Money that now is or hereafter may become due for his Majesty's Quit Rents or any public Taxes in this Province.
The Eleventh Article of his Majesty's Instructions to his Excellency was read.
His Excellency produced a Letter wrote to him by Robt Palmer Esquire his Majesties Surveyor Genl setting forth that the Line carried on from Cold Water by Lord Granvilles Surveyors is much more Southerly than the Line Extended to that place by the Commissions which was read and ordered to Lye over for further Consideration.
Jasper Hardison was sworn and deposed that for three successive Sundays before the sitting of the present Assembly be posted on the Chappel of Ahunty in Tyrrel County being the next to the Lands of Harding Jones Esqr a Public notification that the said Harding Jones would apply at the then next session of Assembly for a Bill to Dock the Intail of his said Lands
Jeremiah Vail was Sworn and proved that a like notification was posted upon the Church of New Bern for other Lands of the said Harding Jones in the County of Craven.
Read the Petition of John Rice setting forth that at a Meeting of the Council in May last upon a Petn preferred by the Petr in relation to certain Patents claimed by the Petitioner and detained in the Secretarys Office. It was Ordered that both these Patents and those in his hands should be produced to a committee composed of the Council for their Inspection and that all such as appeared with an upright Countenance should be returned to the Petitioner
That in conformity to said order Petr delayed not to lay before the Honorable Committee the Patents he had in his hands which were Examd and returned to him but with regard to those in the office nothing was done, And praying that the said order may nevertheless operate with respect to those in the Office and have its due and full effect at this Juncture
Whereupon it is Ordered that the same be referred to a Committee of Council Vizt Mr. Corbin, Mr. Rutherford and Mr. Spaight or any two of them whereof Mr. Corbin to be one
At a Council held at New Bern on Monday the 5th Day of December 1757.
His Excellency and the Council sat in Chancery and went thro' the Dockett
Upon motion of Saml Swann Esquire it is Ordered that William Milton Sheriff of Onslow County be discharged from the attachment Issued agt him upon his paying the contempt Fees.
Ordered that Emanuel Jones also be discharged from the process of Contempt Issued against him upon his paying the Fees.
Read and Granted Several Warrants and Patents for Lands as per Warrant and Patent Books.
Read the Petn of Thomas Lovick Esquire Praying a Patent on a Warrant obtained by his son George Pheney Lovick in the year 1746 which was rejected.
Upon reading the Petn of Philip Wilkeson of Bladen County Setting forth that in October 1756 he Entered into a Recognizance for the appearance of one Anthony Ivy charged with Bloodshed and Battery by Shooting the Petitioners Son William Wilkeson thrō the Thigh which said Anthony Ivy has since absconded and absented himself out of the Province and also setting forth that notwithstanding that the petitioner has since satisfied and paid unto his said Son, William Wilkeson his Damages which he sustained by the said Anthony Ivey that the said Recognizance is put in suit agt him. Whereupon it is Ordered that the said Recognizance shall not be Escheated nor any process be Issued thereon until the further order of this Board shall be obtained and that the Execution of any process Issued thereon shall stop and surcease in the mean time.
Upon motion of Mr. Swann ordered that a Patent be made out for John Stack for 640 Acres of Land in Bladen County on his plans returned this Court.
Read the Petition of William Morrison setting forth that he hath obtained a Warrant for 100 Acres of Land on Crooked run in Craven County Adjoining to the Lands of Vincent Amiet the Lines of whose Lands the Petr is unacquainted with praying a Warrant of Resurvey of the said Vincent Amiet's Lands on Crooked run afd. in order to ascertain the same which was granted.
Ordered that a new Commission of the peace and Ded s do issue for the County of Chowan and that Chas. Blount Joseph Hewes, John Craven, George Browning Thomas Bonner Timothy Walton, James Alston, Joshua Bodley, Wm Boyd and Robert Beasley, be added as Justices.
At a Council held at New Bern on Tuesday the 6th Day of December 1757
Read and granted some Warrants for Land.
At a Council held at New Bern on Friday the 9th day of December 1757.
Hugh Fullerton having been summoned at the desire of the Honourable James Murray to explain his Evidence given to this Board on Thursday the first day of December Instant in Relation to the said James Murrays Notes appeared and was Sworn and Deposed
That he received from Benja Morrison ten Notes of James Murray Esqr for 20 shillings each which said Mr. Murray thereby Promised should be Received by the Receiver General in payment of his Majesties Quit Rents that he Tendered the same to Mr. Murray who refused to give him Proclamation Money for them but said he would accept them in payment of any Debt to him or for any Commodity he had to sell.
Thomas Gibson and James Nichols having neglected to appear pursuant to the order of Monday the 28th of November 1757
The Board proceeded upon said former order and read the affidt of Plunkett Ballard, Robt Love and James Simpson and also read two several Petns one Intitled the petn of the Justices of Cumberland County and the other of the Freeholders of said County and it appearing to the Board that the said Thomas Gibson had made use of several opprobrious expressions Reflecting on his Excellency the Governor and also that the said Thomas Gibson and Jas. Nichols had behaved in a very Indecent and Illegal Manner upon some tryals had at the last County Court held for the County of Cumberland, and it also appearing that Thomas Armstrong is a Person of bad character,
It is ordered that the said Jas Nichols and Thos Armstrong be struck out of the Commission of the peace for said County.
At a Council held at New Bern on Monday the 12th of December 1757
Mr. Rutherford gave into the Board a Writing Intitled the Explanation of John Rutherford Esquire Receiver General of his Majesty's Quit Rents of certain parts of a Letter therein mentioned, and his answer to certain Articles of charge against him which was read by the Clerk.
Joseph Carruthers Esquire being called upon appeared and was sworn and produced an account on which he Tendered his name and which he says is a true copy of the account settled with Mr. Rutherford and that he allowed him the sum of £88 15s 1¼d therein mentioned as a consideration for the payment of the remainder to the best of his knowledge, saith that the said sum of £88 15s 1¼d was taken by agreement for the consideration aforesaid and that no other account was then mentioned. That Mr. Rutherford said give me a Receipt for the whole sum of £568 17s 9¼d and I will allow you to retain the sum of £488 2s 8d upon which said Joseph Carruthers was ordered to withdraw.
And a Question being put by his Excellency Whether the honourable John Rutherford Esquire Receiver General of his Majestys Quit Rents in Giving the preference to Joseph Carruthers Esquire Sheriff of the County of Craven in Payment of the Debt due to Mr. Anderson late Atty Genl and deducting the sum of £88 15s 1¼d as a consideration for so doing be Guilty of a Misdemeanour in the Execution of his office as Receiver General or not,
Resolved in the affirmative Nem: Con: Except Mr. Murray who sayd he was not satisfyed and did not chuse to vote.
Another Question being by his Excellency Vizt Whether Issuing printed notes under hand and seal and thereby promising the same should be accepted by the Receiver General in payment of his Majesties Quit Rents doth not tend to Depreciate the present Paper Currency of this Province
Resolved in the Affirmative that it has a tendency to depreciate the Present Paper Currency of this Province in proportion to the sum issued
Ayes—Mr. Rowan Mr. Hasell Mr. Corbin Mr. Swann Mr. De Rossett Mr. Rieusett Mr. Dobbs Mr. Spaight
Upon motion of Mr. Corbin in behalf of Lord Granville It is ordered that Directions be given by the Surveyor General to the several Deputys of Anson County not to survey any Lands within five miles each side of the Line run by Chas Robinson Ex Parte in the year 1751.
Read and granted Several Warrants and Patents for Land as per Warrant and Patent Books.
At a Council held at New Bern on Wednesday the 14th day of December 1757
Read part of a Book Intitled an Account of the £10000 Grant being John Starkeys Account upon Oath Vizt
New Bern—Jeremiah Vail has paid only £17.7.0 from the beginning of the Line, nor can I get any account the suit is brought on the Bond
Jeremiah Vail attended pursuant to summons and proposed to give security to his Excellency in the penalty of £1800 conditioned to account upon Oath within three months and to pay in within a year the Balance of the accounts remaining in his hands as receiver of the dutys on Liquors Imported into Neuse River and to give the Security within a week, and proposes as security George Moore Esquire and Colonel Lovick who are approved of
And said Jeremiah Vail having resigned the Office of Receiver of the Dutys on Spiritual Liquors imported into Neuse River, His Excellency in Council was pleased to nominate Richd Fenner (who was proposed by one of the Members of the Council as a Proper Person) to execute said office and that he give Bond according to Law
Read his Majestys 67th Instruction to his Excellency the Governor and in virtue thereof his Excellency was pleased to suspend Mr. Rutherford as Receiver General of his Majestys Quit Rents, and the said Mr. Rutherford is accordingly suspended as Receiver General of his Majestys Quit Rents until his Majesties pleasure be known.
And on account of the Issuing the Printed notes under hand and Seal by James Murray Esquire promising the same should be accepted by the Receiver General in payment of his Majestys Quit Rents
And the same being agreed to be accepted in payment of his Majestys Quit Rents by John Rutherford Esqr Receiver General of his Majestys Quit Rents
His Excellency was pleased to suspend the said James Murray and John Rutherford Esqr as Members of his Majestys Council for this Province, and the said James Murray and John Rutherford are accordingly suspended until his Majestys pleasure be known
Ordered that John Gibbs and —— Cole be added as Justices in the next Commission of the Peace for Bladen County.
Ordered that a new Commission of the Peace and Deds do issue for Rowan County and that Hugh Waddell, John Dunn and Morgan Bryan Junr be added in the Commission and that Joseph Tate and Squire Boon be left out they not having Qualified
Ordered that a new Commission of the Peace and Deds do Issue for Carteret County and that Charles McNaire, Reuben Parker and David Rogers be added as Justices
Ordered that a new Commission of the Peace and Deds do Issue for the County of Johnston and that John Shine and Henry Goodman be added as Justices and that James McIlwaine Simon Bright John Herrin and Gilbert Kerr be left out they refusing to Qualify and that Richd Cogdell be also left out, he not residing within the County
Ordered that a new Commission of the Peace and Deds do Issue for the County of Cumberland and that Jonathan Evins Alexander McAlister, Philip Dill, James Thornton, Joseph Livingston and Arthur Donnelly be added in the Commission and that Thomas Gibson James Nichols Thos Armstrong —— Rayford and —— McKysack be left out.
At a Council held at New Bern on Thursday the 15th Day of December 1757
Ordered that Edmund Atkins Esqr be added to the next Commission of the Peace for the Countys of Anson and Rowan immediately after the Members of his Majesties Council
Thomas Whitmell Extr of John Gray produced an abstract of the Journal of the Council dated the 28th June 1746 whereby it appears that the sum of £231.5.0 old Tennor was due to said John Gray for continuing the dividing Line between his Majesty and Lord Granville, and also a note in writing signed by John Rutherford Esqr late Receiver General setting forth that no debenture or Certificate had appeared for Services by Wm Gray or John Gray nor money paid to his knowledge. Whereupon it is ordered that upon the said Thomas Whitmells Entering
Said Thomas Whitmell also produced an Abstract of the Journal of the Council dated the 18th day of September 1737 whereby it appeared that the sum of £77.8.11 Sterling had been due to him on the like Account. It is ordered that a Warrant for said sum do issue to the Representative of the said William Gray upon his Entering into Security (and Lodging the same in the Secretarys Office) to Reimburse said sum, or any part that may appear to be paid.
Mr. Spaight Informed the Board that he had several Patents for Lands which were granted to Colo Wm Wilson Deceased and are marked on the Back to be Recorded in the Secretarys Office, thō no Entrys of the same can be found, and Prayed that the same Patents may be now Recorded which was Granted and ordered accordingly
Mr. Corbin and Mr. Spaight to whom the Petn of John Rise was referred reported to the Board that they had viewed and taken an abstract of Several of the Patents in said Petn mentioned and find that very few of them are either Countersigned by the Secretary or Recorded in the Secretarys Office Altho' mentioned to be Recorded.
Whereupon and upon viewing said Patents It is Ordered that the Secretary take an Exact List of the said Patents and that the said John Rise bring in the several Patents in his Custody in order that an Exact list be taken of them also, and that upon the said John Rise's giving Security in the Penalty of —— Proc. Money, Conditioned that he will not part with any of said Patents out of his hands until they are countersigned by the Secretary and Recorded and every three months return an Account of what he shall do in the Premises That such of said Patents as appear to be Dated and audited be delivered to the said John Rise.