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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
March 01, 1759 - March 07, 1759
Volume 06, Pages 75-79

[From MSS. Records in Office of Secretary of State.]
COUNCIL JOURNALS.


At a Council held at Wilmington on the first day of March 1759.
Present—His Excellency Arthur Dobbs Esqr Governor
The Honble Mathew Rowan Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble Edwd Brice Dobbs Esqr and
The Honble Richd Spaight Esqr

Read and Granted several Warrants for Land as per Warrant Book


At a Council held at Wilmington on the second day of March 1759
Present—His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble Edwd Brice Dobbs Esqr and
The Honble Richd Spaight Esqr

His Excellency the Governor and the Council sat in Chancery and went through the Docquet

Ordered that the Honble James Hasell and Lewis De Rossett Esqrs be appointed to Tax all Bills of Costs to be brought before them between this and next Court.

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At a Council held at Wilmington the third day of March 1759
Present—His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble Lewis De Rossett Esqr
The Honble Edwd Brice Dobbs Esqr and
The Honble Richd Spaight Esqr

The Receiver General laid before the Board a Letter from the Auditor General to the Deputy Auditor of this Province in regard to the present Officers of this Establishment being paid in preference to the arrearages due to former Officers and desired the opinion of the Board concerning the same

Resolved that it is the opinion of this Board that the present Officers of this Establishment should be paid one years Salary and until such time as the Lords of the Treasury shall signify their Pleasure thereupon all arrears to be paid in proportion to the arrears due.

His Excellency laid before the Board the following Resolutions of the Lower House of Assembly,


N Carolina Wednesday 20th Decr 1758.

“The Assembly taking into Consideration the necessity of having some person of known ability and Integrity to represent their faithfull services and steady attachment to His Majesty and to make known the circumstances of the Province at the Publick Boards in England.

Resolved that James Abercrombie of London Esqr be appointed Agent for this Province for the purposes aforesaid, And that he for his Services and Expences be allowed and paid with his Majestys Approbation One hundred and fifty pounds p ann. out of the Fifty Thousand pounds Granted by his Majesty and Parliament to North and South Carolina and Virginia towards Reimbursing the said Provinces a part of the Expence they have been at in defending his Majestys Rights and Possessions in North America, And that the Agency of the said James Abercrombie commence on the first day of March next and continue for the space of Two years.

Resolved that Samuel Swann Thos. Barker, John Starkey, George Moore John Ashe Esqrs be appointed a Committee to correspond with the said James Abercrombie and that they from time to time as required do lay before the Assembly all such Letters dispatches and advices as they shall Transmit to and receive from him

A true copy—

Wm HERRITAGE Clk of Assy
-------------------- page 77 --------------------

Upon reading the above Resolutions of the Lower House of Assembly, It is the Opinion of this Board that Samuel Smith Esqr of London be appointed Agent to sollicit and represent the affairs of this province at the several Boards in England.

His Excellency having laid before the Board the necessity of Issuing a Procl. to inform the Inhabitants of this Province that upon the Death of any of the members of Assembly for the Counties of Bertie, Tyrrell Northampton, Edgcomb Hallifax, Granville Rowan, Johnston, Dobbs, Onslow, New Hanover, Duplin, Bladen, Cumberland and Anson, and the Towns of New Bern, Edenton and Wilmington, or upon a Dissolution no writs of Election could issue unless they take out Charters agreeable to his Majestys Instructions

Resolved that it is the Opinion of this Board that his Excellency do Issue his Proclamation accordingly

Upon hearing the Caveat John Pitman agt Abner Neale—It is ordered that the Caveat be discharged and that a Warrant Issue to the said Abner Neale.

Upon hearing the Caveat John Arthur agt Rossiter Simpson, It is Ordered that the Caveat be discharged and that a Patent do issue

Upon hearing the Caveat Thos Taylor and Benja Weston agt Wm Teague, It is ordered that the Caveat be discharged and that a Patent do issue.

Upon reading the Petition of John Physock—It is ordered that his old Patent be altered agreeable to the Resurvey and that the Record be also altered and the new Plann be annexed to the Patent.

Upon Reading the Petition of Joseph French—It is ordered that the Patent of John Petiver be altered agreeable to the Resurvey

Upon reading the Petition of Eunice Carruthers, David Palmer, and William Powell setting forth that the said David Palmer, William Powell and one Rob. Carruthers deceased obtained Warrants for 200 acres of Land on Brices Creek in Craven and for other 200 acres of Land upon Trent in the said County and Praying that a Patent might issue to the Petr Eunice Exr of said Robert Carruthers for the Land on Brices Creek and also a Patent to the Petitioner William Powell for the Land on Trent River which was granted and ordered accordingly.

Upon reading the Petition of William Whitehouse It is ordered that his Patent be altered agreeable to his Resurvey.

Upon reading the Petition of Joseph Masters setting forth that he purchased from one John McCubbins a parcell of Land in Craven County, for which said McCubbins had a Warrant which Land has

-------------------- page 78 --------------------
been lately surveyed and the said John McCubbins have withdrawn himself out of this Province

It is ordered that a Patent do issue to the said Joseph Masters on the said Warrants

Read and Granted several Patents for Land as per Patent Book.

Upon the Receiver Generals laying before this Board the difficulty of Executing his Office by reason of the Sheriffs neglecting to Receive the Quit rents agreeable to his Majestys Instructions.

Resolved that it is the Opinion of the Board that upon the neglect or refusal of Sheriffs to Collect the Quit rents the Receiver General shall have Power to appoint a person to collect the same, and that he be allowed the same perquisits the Sheriff be allowed for so doing.

Upon the Surveyor Generals Laying before the Board his Majestys Warrant appointing him Surveyor General of this Province

Resolved that it is the Opinion of this Board that his Excellency the Governor do issue his Warrant to the Surveyor General for the surveying the several Counties agreeable to his Majesty's Instructions


At a Council held at Wilmington the fifth day of March 1759
Present His Excellency the Governor
The Honble James Hasell Esqr
The Honble Edwd Brice Dobbs Esqr
The Honble Lewis De Rosset Esqr
The Honble Richd Spaight Esqr

Upon reading the Petition of the Revd John Bridgens It is ordered that a Warrant do Issue for the Resurveying the said John Bridgens Lands at New Topsail in New Hanover County.

James Jones of Craven County having appeared agreeable to summons and gave in his answer to the Deposition of Joseph Ryal and no person appearing agt him was discharged.


At a Council held at Wilmington the sixth day of March 1759.
Present—His Excellency the Governor.
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr
The Honble James Innes Esqr
The Honble Edwd Brice Dobbs Esqr

Alexander McCulloh Esq produced a Commission from the Honble and Revd Robert Cholmondley Surveyor and Auditor General of all his Majestys Revenues in America appointing him the said Alexander McCulloh his Deputy within this Province which Commission being read the said Alexr McCulloch took the several Oaths appointed by Law for the Qualification of Publick Officers and the Oath of Office

Upon reading the Petition of John Morris It is ordered that a Warrant do issue to resurvey the Lands of the said John Morris in New Hanover County formerly the Estate of William Faris Esqr

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Read and Granted several Patents for Lands as p Patent Book.

Upon Reading the Petition of John Cannon, It is ordered that the second course in his Patent dated in 1730 be altered by making the same No 12 Wt 400 Instead of 100 poles and that the Record be altered agreeable thereto.


At a Council held at Wilmington the seventh day of March 1759.
Present His Excellency the Governor
The Honble James Hasell Esqr
The Honble Lewis De Rosset Esqr
The Honble James Innes Esqr
The Honble Edwd Brice Dobbs Esqr
The Honble John Swann Esqr
The Honble Richd Spaight Esqr

Read and Granted several Patents for Land as p Patent Book.

Whereas several Grants for Patents have Passed this day in Council but the Patents not made out—It is the Opinion of this Board that as there are not any disputes concerning said Patents the same may be perfected by his Excellency the Governor as soon as possible and audited.