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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
February 02, 1764 - February 28, 1764
Volume 06, Pages 1064-1068

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


At a Council held at Wilmington 2d Day February 1764
Present—His Excellency the Governor
The Honble James Murray Esquire
The Honble John Rutherford Esquire
The Honble James Hasell Esquire
The Honble John Sampson Esquire

Read sundry warrants as pr Entry Book from No 1 to No 44 inclusive, All granted except No 16 John Lanier not granted till the place be more particularly mentioned in the Warrant


At a Council held at Wilmington 9th February 1764
Present—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
The Honble John Sampson Esqr &
The Honble Alexander McCulloh Esqr

Mr. Robert Rainey by Mr. McGuire having complained that Samuel Smith and Needham Bryan Esqrs Justices Assigned to keep the peace for the County of Johnston did fraudulently take the names of certain Justices signed to one petition or Representation and did affix them to a petition or Remonstrance of another Tenor and directed to Benjamin Heron Esqr. The said Needham Bryan in behalf of himself and the said Samuel Smith attended pursuant to summons, Witnesses were examined, Depositions read and Council heard in behalf of the complainant of the defendants And His Excellency and the Council taking the case into consideration are

-------------------- page 1065 --------------------
unanimously of Opinion that the complaint of the said Robert Rainey as against the said Samuel Smith and Needham Bryan is altogether groundless and they are honorably acquitted of and from every imputation of the crime of misdemeanor alleged and charged by the Plaintiff Mr. Rainey against them.

Read Sundry Warrants and passed the same Viz No 16 and from No 45 to No 138 inclusive.


At a Council held at Wilmington 10th February 1764
Present—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
The Honble John Sampson Esqr &
The Honble Alexander McCulloh Esqr

On Complaint that James Daniel Esqr at present a Magistrate in the County of Johnston has misbehaved in that station The said James Daniel is Ordered to Appear before the Honble Mr. Chief Justice Berry at the next Superior Court to be held at Halifax to Answer such Complaint as shall be alleged against him for misbehaviour in office as a Magistrate for the said County of Johnston.

Mr. Henry Johnston Petitioned—that the Patent bearing Date the second day of December Anno Domini 1735 which by Will was left to him by the Late Governor Johnston may be recorded in the Secretarys Office The same ordered to be Recorded.

Ordered that a Commission of the Peace and Dedimus issue for the County of Johnston and that William Bryan Bennet Blackman and Jesse Lane be added thereto and that Isaac Bush be left out.


At a Council held at Wilmington 14th February 1764
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis H. De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloh Esqr
and
Alexander McCulloh Esqr

Read and Granted Sundry Warrants for Land as pr Warrant Book from No 139 to No 169 Inclusive


At a Council held at Wilmington 15th February 1764
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloh Esqr
and
Alexander McCulloh Esqr
-------------------- page 1066 --------------------

Read and Granted Sundry Patents for Land as pr Patent Book from No 1 to No 52 Inclusive

Andrew Bass Junr
vs.
Ignatius Flower Caveat.

On hearing the Caveat—Ordered that a Patent for 100 Acres Issue to Flower agreeable to his first survey and that a Patent issue to Andrew Bass on his Warrant No 84.


At a Council held at Wilmington 17th February 1764
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
and
Alexander McCulloh Esqr

On hearing the Caveat Samuel Slade vs John Peters—Ordered that no Patent issue to Peters.

On hearing the Caveat Wm McTyre and Thomas Williams vs Thomas Bearfield—Ordered that a Patent issue to Bearfield.

Isaac Barrington—Warrantee
vs.
Thomas Whitford Assignee of Wm Whitford Patentee of 400 Acres of Land in Craven } Saml Swann for Complainant Wm Herritage for Defendant

Ordered that a Resurvey of the Lands of the Patentee be made and that the Parties after the Resurvey and giving notice one to the Other may examine Evidences on both sides before any two Justices of the peace in New Bern and return the depositions taken with the Resurvey to this Board on or before the twentieth day of April next at Wilmington and it is agreed by the Attorneys and Ordered that the Charges of Resurvey shall be paid by such of the said parties as the Board shall direct

John Granade
vs
Thomas Pollock

Caveat to a Patent, the Plaintiff not having appeared to prosecute his suit

Ordered that a Patent issue to Thomas Pollock.

Read Sundry Warrants as pr Warrant Book from No 169 to No 185 Inclusive and passed the same.

-------------------- page 1067 --------------------

At a Council held at Wilmington 22d February 1764
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloh Esqr
and
Alexander McCulloh Esqr

Read Sundry Warrants No 186 to 206 Inclusive and Patents from No 53 to 83 Inclusive as pr Warrant and Patent Books and passed the same.


At a Council held at Wilmington 23d February 1764
Present—His Excellency the Governor
The Honble James Hasell Esqr
The Honble James Murray Esqr
The Honble Lewis Henry De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloh Esqr &
Alexander McCulloh Esqr

The Depositions of William Branch sworn the 18th day of February Inst before John Rutherford Esqr and of Elizabeth Swindel sworn the 16th day of same month before Lewis De Rossett Esqr And also the Petition of said Elizabeth Swindel and William Swindel her husband praying that Robert Jones Esqr may be suspended from his Office of Attorney General that the Petitioners may be enabled to proceed against him according to Law, having been read, And the said Depositions containing each of them charges of high crimes and misdemeaners

It is Ordered that the said Robert Jones be served with Copies of said depositions and Petition And of this Order And that John Rutherford, Henry Eustace McCulloh and Chas Berry Esqrs or any one of them be impowered to take the Deposition or Depositions of such witnesses as the said Robert Jones may offer or think necessary for his Defence against the Articles contained in the charges exhibited against him aforesaid, And also the Deposition or Depositions of such witnesses as may be produced in support of the said charges And the said Commissioners or Commissioner shall make due return of their proceedings hereon on or before the Twentieth day of April next And the said Robert Jones make then his personal appearance at Wilmington before His Excellency in Council to answer the said Complaints

-------------------- page 1068 --------------------

At a Council held at Wilmington 28th February 1764
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble Lewis Henry De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloh Esqr &
Alexander McCulloh Esqr

Read Sundry Patents as pr Patent Book from No 84 to No 103 And from No 105 to 111 Inclusive and passed the same No 104 Caveated

Read the Remonstrance of Edward Salter one of His Majesty's Justices for Pitt County Complaining of the Illegal Conduct in Office of John Hardie, John Tyson, Geo. Moy, and Abraham Tyson Justices also of the said County

Ordered that the said John Hardy and the other Justices complained of or one of them be served with a Copy of the said Remonstrance to appear with such evidence as they can bring to exculpate themselves before the Chief Justice or any two Justices of the peace for the county of Craven at New Bern on such day as the said Edward Salter shall appoint and the said Complainant may then and there bring and have examined in presence of the Defendants such Evidences as he can bring to support his charge and that the said Chief Justice or Justices make a report thereof to his Excellency in Council as soon as possible

Ordered that Commissions of the Peace and Dedimus he issued for the Counties of Pasquotank, Craven, Orange, Carteret, Anson, Dobbs, Cumberland, Tyrrell, Chowan, Onslow, Edgcombe, Bute and Granville as pr Commission Book.



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