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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
November 04, 1762 - November 27, 1762
Volume 06, Pages 766-772


At a Council held at New Bern 4th day November 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble Lewis DeRossett Esqr
and The Honble John Sampson Esqr and

Alexander McCulloh Esquire appeared at the Board and took the

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Oaths of Supremacy and Allegiance subscribed the Test, took the Oath of Councillor and his Seat at the Board accordingly.


At a Council held at New Bern 6th November 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
and
The Honble John Sampson Esqr

Robert Lenox Appellant
agt
John Campbell Appellee

The Transcript of the Record in the Case having been brought from the Supreme Court of Edenton District by Writ

And it having been ordered that the appeal should be heard this day

The Parties by the Attorneys appeared and the matter boing solemnly argued on both sides upon consideration of the premises and mature deliberation had thereupon, It is Decreed that the said Judgment obtained by the said John Campbell against the said Robert Lenox in the said Superior Court of Edenton be in all things affirmed.


At a Council held at New Bern 15th November 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Henry Eustace McCulloh Esqr
and
The Honble Alexander McCulloh Esqr

Several Patents and Warrants for Land were granted as p Warrant and patent Books

Ordered that all Caveats and disputes about Land be heard on Monday the 22d Instant and that publick Notice be given thereof.


At a Council held at New Bern the 18th November 1762.
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr &
The Honble Henry McCulloh Esqr

Read the Petition of Benjamin Heron Secretary setting forth that there are several Records and papers belonging to the Secretary's Office in this province lodged in the Towns of Halifax and New Bern and that the said office is now held by the direction of His

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Excellency the Governor at the Town of Wilmington on Cape Fear and as great Inconvenience must arise to those persons who have Business to Transact in the said Office from part of the Records being Lodged in several parts of this province the petitioner therefore prays an Order of the Board to impower him to send for the said Records in order to their being collected and lodged in the Town of Wilmington where the Secretarys Office is now held, and

Ordered that he send for and collect together all papers and Books of Record belonging to the Secretary's office of this province wheresoever in this province to be found and have them lodged in the Secretarys office now kept at Wilmington

Read the Petition of Benone Loften setting forth that John Dillahunty is possessed of a patent for 160 Acres of land lying in Craven County on Strawberry Branch near the South West Creek and your petitioner being apprehensive that the said John Dillahunty claims more Land than is contained in his patent and refuses to have the same resurveyed by your petitioner therefore the petitioner prays a resurvey on said 160 Acres of Land—Granted.

Robert Lenox Appellant
agt
John Campbell Appellee

The Petition of Robert Lenox setting fourth the state of his Case and praying an appeal to his Majesty in Council from the Decree of His Excellency in Council confirming the judgments below being Read, On Argument

Ordered that the said petition be rejected the same being irregular


At a Council held at New Bern the 19th day November 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble Richard Spaight Esqr
The Honble John Rutherford Esqr
The Honble John Sampson Esqr
The Honble Lewis De Rossett Esqr
The Honble Henry E. McCulloh Esqr

Robert Lenox Appellant
agt
John Campbell Appellee

His Majesty's 43d Instruction relative to Appeals having been read The appellee in person made his Election to have the Execution issue from the Court below, and tendered himself with John Harvey and Blake Baker Esquires as his Securities to be Bound in the sum of £2,600 proclamation Money to make ample Restitution of all that the appellant shall have lost by means of such Judgment or Decree

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in case upon the determination of such appeal such Judgment or Decree shall be reserved and Restitution awarded to the Appellant

Ordered also upon Motion of Mr. Swann in behalf of the Appellant, for an appeal to His Majesty in Council from the Judgment below affirmed here that such Appeal be Granted on the Appellants giving Security in the Sum of five hundred pounds Sterling that he will effectually prosecute the same, and also pay such Costs and Damages as shall be Awarded by His Majesty In Council, in case the Judgment below confirmed here shall be affirmed by His said Majesty in Council

Present in the Afternoon—His Excellency the Governor
The Honble James Hasell Esqr
The Honble Richard Spaight Esqr
The Honble John Rutherford Esqr
The Honble John Sampson Esqr &
The Honble Lewis De Rossett Esqr
The Honble Henry E. McCulloh Esqr

Robert Lenox Appellant
agt
John Campbell Appellee

The said John Campbell having appeared with his Securities and executed his Bond

Ordered that a Transcript of the proceedings here be transmitted to the Court below that execution may issue

The said Robert Lenox having also appeared with his Securities and entered into Bond in the manner directed by the Instruction

Ordered that the Appeal prayed for by him be granted and that transcripts of the record in this case in the court below and the entries or proceedings of this Board should be transmitted him properly Exemplified under the Colony Seal.

Ordered also that the Bonds taken be Enrolled and remain in the Secretarys Office for the Benefit of the Respective parties


At a Council held at New Bern the 22d November 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr
The Honble Henry E. McCulloh Esqr
and
The Honble Alexander McCulloh Esqr

On hearing the Caveat Richard Bass against Andrew Bass Junr It was Ordered that the said Caveat be dismissed and that a patent issue to Andrew Bass Junr for the Land Caveated.

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James Adair
agt
Edward Scarbrough
Caveat

On hearing the Caveat—Ordered that it be dismissed and that a Warrant issue to Edward Scarborough

On hearing the Caveat William Jerral against Leven Rotten, Ordered that it lie over

On hearing the Caveat Benjamin Slade agt Daniel Tyson, Ordered that it lie over.

On hearing the Caveat Shadrack Allen agt Samuel Slade

Ordered that the said Caveat stand Confirmed and that a patent issue to Shadrack Allen on the Land in dispute

Ordered that a Warrant of Resurvey issue to the Surveyor General to resurvey one hundeed Acres of Land Patented by Abraham Sheppard Junr on the North side of Great Contentny Creek, joining Andrew Allen's Line in Dobbs County.

Ordered That a Warrant of Resurvey issue to the surveyor General to resurvey a Patent granted to        Shadrack for 640 Acres of Land in Dobbs County on the North side of Great Contentny Creek.

Ordered That an Act of the General Assembly of this province confirmed by His Majesty In Council Intituled an Act to Dock the Intail of certain Lands now in possession of Harding Jones under a Devise in the Will of Frederick Jones Esqr his Grandfather deceased by whom the same were intailed be recorded in the Secretary's office


At a Council held at New Bern 25th November 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr
The Honble Henry E. McCulloh Esqr
and
The Honble Alexander McCulloh Esqr

Several Letters passed between His Excellency and Thomas Boone Esqr Governor of South Carolina relative to the disputes concerning the Boundary Line of the two Provinces being read

Ordered That The Honble John Rutherford and Henry Eustace McCulloh prepare a Representation on this head and lay the same before this Board for their consideration

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At a Council held at New Bern the 27th November 1762
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble Richard Spaight Esqr
The Honble John Sampson Esqr
The Honble Henry E. McCulloh Esqr
and
The Honble Alexander McCulloh Esqr

On hearing the Caveat Elizabeth Martin against Adam Ferguson or any other person

Ordered That Administration issue to Elizabeth Martin but if she dont administer on or before Saturday next and give sufficient security to amount to four thousand Pounds Administration to issue to Adam Ferguson

Complaint preferred against Abraham Skippard Sheriff of Dobbs County by Saml Swann and Thomas McGuire and fully proved.

Ordered that he be removed from Executing the said office

On hearing the Caveat William Jerral against Leven Rotten

Ordered That the Caveat stand confirmed and that a patent issue to William Jerral for the Land in dispute.

Complaint being made against Samuel Smith and Needham Bryan Justices assigned to keep the Peace for the County of Johnston

Ordered That they appear before His Excellency In Council at Wilmington on the sixteenth day of April next to answer such Charges as may then be made against them.

Read the Petition of John Edmundson setting forth that he is possessed with two patents Vizt One for one hundred Acres granted in the Administration of Governor Johnston to his mother Prucella Edmundson, being dated the 20th of April 1745 the other for 300 Acres granted in the Administration of the late President Rowan to your petitioner and dated the 27th of March 1754 both Situate in Craven County and on the North side of Neuse River, and on Cashaw Creek as by the said patents ready to be shewn may appear and that in your Petitioners Patent aforesaid is comprehended the said 100 Acres granted to his Mother the petitioner therefore prays that he may be at liberty to resign said 100 Acres patent involved in that of the petitioners for 300 Acres as aforesaid to the end he may not be chargeable for the Rents of more Land than he really holds and that the same may be struck off the Rent Roll and an Order made thereupon relative thereto.

Ordered that it lie over and that he prove the sundry Allegations therein set forth.

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At a Council held at New Bern 27th November 1762
Present—His Excellency the Governor.
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
The Honble John Sampson Esqr
and
The Honble Henry E. McCulloh Esqr

On motion of Mr. McGuire Ordered that a Warrant of resurvey issue to resurvey a Tract of Land of five hundred Acres of Land granted to William Reed in the year 1711-12 on Cape Hatterass beginning at a small creek

Ordered that a Warrant of resurvey issue to resurvey a Tract of Two hundred Acres of Land granted to Joseph White in the year, lying on the North side of Pee Dee in Anson County made returnable to His Excellency in Council at their next Meeting