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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
April 15, 1763 - April 23, 1763
Volume 06, Pages 1009-1013

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At a Council held at Wilmington the 15th day of April 1763.
Present—His Excellency the Governor
The Honble James Murray Esquire
The Honble John Rutherford Esquire
and
The Honble Lewis H. De Rossett Esquires

Read and Granted sundry Warrants for Land as pr Warrant Book from No 1 to 152 inclusive No 4 and No 72 Caveated, No 27, 29, 98, 99, 100, 101, 102 postponed.


At a Council held at Wilmington the 16th April 1763.
Present—His Excellency the Governor
The Honble James Murray Esquire
The Honble John Rutherford Esquire
and
The Honble Lewis H. De Rossett Esquires

Read and Granted sundry Warrants for Land as pr Warrant Book from No 153 to 236 Inclusive

Read the Petition of Samuel Waters setting forth that the Petitioner obtained a Patent the 24th of April 1762 for 640 Acres of Land which Land the Petitioner then Ignorant of the County lines thought was in New Hanover County, but that he was since well informed the said land lies in Bladen County Arthur McKay was sworn and it appearing to this Board that the Allegation of the said Petition is true—

Ordered that the said Patent and Record be amended accordingly

At a Council held at Wilmington 18th April 1763

Present—His Excellency the Governor

The Honble {James Murray James Hasell John Rutherford Lewis De Rossett and John Sampson} Esquires

A Petition was laid before the Council by his Excellency in favour of William Strother and Oliver Walker under sentence of death for horse stealing in the District of Salisbury and signed by a Number of Inhabitants in the said district Praying a Reprieve when the Council advised him to Grant the same for six months and to prolong the Reprieve as His Excellency may think proper from the information of their Character and Good Behaviour

Read the Petition of Thomas Walter and Mary Gibson Children of Thomas Gibson of Cumberland County deceased by Richard Quince their next friend shewing That the Inferior Court of Cumberland hath Granted Letters Testamentary or Letters of Administration with the Will annexed of the said Thomas Gibson unto Mary Gibson, Walter Gibson, and Robert Smith all of Cumberland County

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though it is alledged the said Gibson dyed Intestate—And your Petitioners being under the age of twenty one years Viz of the tender ages of three and one years or thereabouts, The Petitioners by their said next friend Pray that they may be admitted to prosecute a repeal or revocation of the said Letters Testamentary or Letters of Administration

Heard the Council of both sides and deferred till tomorrow.

Ordered that a Commission of the Peace issue for the County of Bertie which was accordingly made out and signed as p Commission Book.

Several Warrants for Land were Read and Granted as pr Warrant Book from No 236 to Numr 298 Inclusive No 98, 99, 101, 102, before postponed was this day Granted


At a Council held at Wilmington the 19th April 1763
Present—His Excellency the Governor
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis H. De Rossett Esquire
and
The Honble John Sampson Esquire

Read and Granted Sundry Patents for Land as pr Patent Book from No 1 to No 60 Inclusive

Read the Petition of Rachael Martin of Granville County Widdow, for a citation to issue to George Martin to shew cause why Letters Testamentary Granted upon the Will of John Martin should not be revoked which being Granted

It is ordered that a Citation Issue accordingly Returnable to this Board the 20th day of October 1763.

The Petition of Thomas Walter and Mary Gibson had a further hearing when the evidence were sworn and examined, and the Council of both sides were heard on the matter of evidence

Continued untill tomorrow morning.


At a Council held at Wilmington the 20th day of April 1763
Present—His Excellency the Governor,
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis De Rossett Esquire
and
The Honble John Sampson Esquire

Read and Granted Sundry Patents for Land as pr Patent Book from No 60 to No 72 inclusive

Resumed the consideration of the Writing Exhibited as the last Will of the late Thomas Gibson of Cumberland County and of the Evidence and Arguments thereupon, and the Board declared their

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opinion that the said Writing cannot in law be admitted as the last Will of the said Deceased who dying Intestate Ordered that the Letters of Administration with the Will annexed or Letters Testamentary Granted by the Court of Cumberland County be revoked and that Letters of Administration according to Motion and according to Law be Granted to Mary Gibson Widow Relict of the deceased,

The said Mary Gibson appeared before the Court and took the Oath of an Administratrix, and proposed Richard and John Quince Merchants as her Securities for four thousand pounds proclamation Money for the legal and Faithfull Administration of the said Estate,

Ordered that Letters of Administration issue out of the Secretarys Office upon bond being given as aforesaid

Read and Granted Sundry Warrants for land from No 298 to 334 Inclusive as pr Warrant Book.


At a Council held at Wilmington the 21st April 1763
Present—His Excellency the Governor.
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis H. De Rossett Esquire
and
The Honble John Sampson Esquire

Read the Petition of Samuel Gingles setting forth that the Petitioner is possessed of a Tract of 246 Acres of land in Mecklenburgh County (formerly Anson) as appears by Patent dated the 11th May 1753 and by Mistake of the Deputy surveyor or the Beginning Corner is erroneously said to be on the North side of Mountain Creek &ca Whereas said Corner is and was originally made on the South side of the said Creek Praying said Error may be Expunged by an Order of Council and that the true situation of said Beginning Corner be fixed on the South side of said Mountain Creek. The Allegations set forth in the said Petition having been proved by the Oath of Francis Beaty Deputy Surveyor for Mecklenburgh County

The Petition was Granted and the Patent and Record amended by Order in Council

Read and Granted Sundry Warrants for land as pr Warrant Book from No 334 to No 345 Inclusive.

Pursuant to an Order of Council dated the 21st October 1762, The Surveyor General by his Deputy Arthur McKay returned a Resurvey of the following Tracts of Land on the Sound now in New Hanover County Viz 2,500 Acres Granted to Samuel Swann the

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15th July 1725, 1,000 Acres do. to Maurice Moore Granted the 1st November 1729. This Resurvey was made at the prayer of Elizabeth Catherine De Rossett, Thomas Woodley, Solomon and Richard Ogden and James Moore.

Thomas Jones Esqr was sworn and it appears by his deposition that the back line of the 1,000 Acre Tract of Maurice Moore said to run So 40 Wt 960 poles to a pine will not suffer the next course Viz, the line So 50 Et to reach the branch of Barren Inlet creek the natural bounds described in the said Patent unless the said line of No 40 Wt 960 poles be further extended 700 Poles

Heard Council for and against the natural bounds of the said Patent which instead of one thousand acres contains within the natural bounds proved as aforesaid 3,834 Acres.

Ordered that the natural bounds shall continue to be deemed the bounds of the said Patent. Note that it appears also by the said Resurvey that the said Patent of 2,500 Acres to Samuel Swann contains within its bounds and lines 3,400 Acres.


At a Council held at Wilmington 22d day of April 1763
Present—His Excellency the Governor
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis Henry De Rossett Esquire
and
The Honble John Sampson Esquire

Read the Petition of John Matchet of Duplin County setting forth that the Widow of Edward Matchet late of the said County deceased is secreting the Estate of the said deceased, And praying Letters of Administration jointly with the said Widow and that Citations should issue to her and such evidences as shall be necessary to support the several allegations of the Petition

Ordered that a Citation issue to Sarah Matchet the said Widow to appear here the 25th of October next to shew cause why Administration should not be granted agreeable to the Prayer of the said Petition

Robert Rainey
agt
Samuel Smith & Needham Bryan

In the Complaint it is Ordered That Samuel Smith and Needham Bryan Esquires Majistrates of Johnston County attend his Excellency in Council the 16th of October next at Wilmington to answer the Complaint Exhibited against them by the said Robert Rainey

On motion of Mr. Sampson His Excellency was pleased to Orde

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by and with the unanimous Advice of the Council that the Secretary procure as soon as he can as many of the written Copys as he can of an Act of Assembly of this province now in force “Intitled an Act for the more Effectual observing of the Queens Peace and Establishing a good and lasting foundation of Government in North Carolina” And that the Secretary together with any two Members of His Majesty's Council that shall be the most contiguous to him, do carefully Examine and compare the said Copys or the most authentick of them, and having done so, He shall transmit a Copy of the said Act, Examined and compared as aforesaid to Mr. James Davis Printer with His Excellency's Orders to him by a Transcript of this Order in Council to Print as many Copys of the said Act as he has printed or shall print of the laws passed last session of Assembly and he shall Transmit a Copy of the said Act with each Copy of the said late Laws, for which service he shall be allowed a Claim on the Publick

Read and Granted sundry Patents for Land from No 60 to No 183 Inclusive and Warrants from No 334 to 347 Inclusive as pr Patent and Warrant Books.


At a Council held at Wilmington April 23d 1763.
Present—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry DeRossett Esqr
and
The Honble John Sampson Esqr

Read and Granted sundry Patents for Land from No 183 to 214 inclusive, and Warrants from No 347 to 352 inclusive

Went through the Chancery Docket and made such orders as will appear by the said Docket.



Additional Notes for Electronic Version: This document was enclosed with a letter from Arthur Dobbs - See Related Documents.