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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 02, 1764 - November 28, 1764
Volume 06, Pages 1079-1089


At a Council held at Wilmington 2d November 1764
Present—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble Lewis H. De Rossett Esqr
The Honble John Sampson Esqr
The Honble Alex. McCulloh Esqr
The Honble William Dry Esqr
The Honble Robert Palmer Esqr &
The Honble Benjamin Heron Esqr

By his Excellencys Order, Read several Papers from the Lords of Trade and Plantations Vizt

1st An Additional Instruction from his Majesty dated the 6th day of June 1764 reciting that frequent Complaints have been heretofore made, that exorbitant Fees have been demanded and taken in the publick Offices in several of his Majestys Colonies in America for business transacted in such offices, and enjoining and requiring that forthwith on the receipt of the said instructions, that fair tables of all Fees legally established in this Province be affixed up in the

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respective Offices, and to publish a Proclamation in his Majestys name under the great seal of the Province in the terms directed by the said Instructions and to transmit to the Commissioners for Trade and Plantations in Order to be laid before his Majesty an exact list or table of all Fees allowed to be taken in this Province.

Ordered that the Secretary prepare a Proclamation to be issued Accordingly (which was as follows)

By the King—A Proclamation

Whereas frequent complaints have been heretofore made, that exorbitant Fees have been demanded and taken in the publick Offices in several of our Colonies and Plantations in America for Business transacted in such Offices; And whereas it hath been represented unto us, that there is great reason to apprehend that such unwarrantable Demands and exactions are still continued in some of our Colonies, particularly on the survey and passing Patents for Lands; And, Whereas such shameful and illegal practices do not only dishonour our Service but do also operate to the prejudice of the publick interests, by obstructing the speedy settlement of our Colonies; Our Will and pleasure therefore is, that fair Tables of all fees legally established within this Province, be constantly affixed up in every publick office, And we do hereby strictly enjoin and require all public officers whatever, in their respective Stations, not to demand or receive any other fees for Publick Business transacted in their Offices, than what have been established by proper Authority, upon pain of being removed from their said office, and prosecuted with the utmost severity of the Law. Witness our Trusty and Well beloved Arthur Dobbs, Esquire, Our Captain General and Governor in Chief in and over our said Province at Wilmington the third day of November, In the fifth year of Our Reign

ARTHUR DOBBS.
By His Excellencys Command
Thomas Rutherford, D. Sec.
God save the King.

2nd A list of seven Acts passed in the last Session of Parliament with the Acts themselves Vizt

3rd An Act for granting certain duties in the British Colonies and Plantations in America &c.

4th An Act to prevent paper Bills of Credit hereafter to be issued in any of his Majestys Colonies.

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5th An Act for granting a Bounty upon the importation of Hemp, rough and undressed flax from his Majestys Colonies in America.

6th An Act for the encouragement of the whale fishery &c.

7th An Act for repealing the Duties now payable upon Beaver skins &c.

8th An Act for vesting the Fort of Senegal and its dependencies in the Company of Merchants trading to Africa.

9th An Act for preventing frauds and abuses in relation to the sending and receiving letters and packets free from the duty of postage.

Read sundry Warrants for Land per Warrant Book from No 226 to 273 inclusive, which were passed, and sundry Patents from No 1 to No 60 inclusive which were all granted except No 52 Caveated

Read the Petition of Joseph Howard of Cumberland County Praying a Warrant of Resurvey, on a Tract of Land containing 640 Acres, on the No Et side of the No Wt River in Cumberland County joining the upper side of Thomas Jones Land which Land was Patented by James Smith 8th Sep 1737, and lately bought by the Petitioner. Granted.

Read the Petition of Susanah Mill setting forth that her father John Mill obtained a Warrant for 300 Acres of Land in Craven County which hath been duly surveyed. That her said father Departed this life before a patent could be obtained in his name, but by his last will bequeathed the said Land to the Petitioner, And praying that a Patent may issue to her agreeable to the intention of the said deceased.

The truth of the facts alledged in the said Petition being confirmed by the Oath of Mr. Neil the Deputy Surveyor Ordered that a Patent issue to the Petitioner.


At a Council held at Wilmington 9th November 1764.
Present
His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble Lewis H. De Rossett Esqr
The Honble John Sampson Esqr
The Honble Henry Eustace McCulloh Esqr
The Honble Alexander McCulloh Esqr
The Honble William Dry Esqr and
The Honble Robert Palmer Esqr

Read sundry Patents as per Patent Book from No 60 to No 199, inclusive which were passed. And Sundry Warrants as per Warrant Book from No 274 to 366 inclusive which were also granted.

Read the Petition of William Speight of Craven County setting

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forth his father Thomas Speight obtained a Patent for 353 Acres of Land, in Craven County on the Et side of Upper broad Creek, dated 15th Feby 1739, Being apprehensive that the Courses mentioned in said Patent doth not agree with the marked Lines made at the time of the survey, and the natural bounds therein mentioned Praying a Warrant of Resurvey to ascertain the true courses and distances agreeable to the marked lines and natural Bounds together with the true quantity of Land contained therein. Granted.

Read the Petition of Jacob Blount setting forth that he obtained a Warrant of Resurvey on Land Patented by him in the Year 1735, for a parcel of Land in Craven County on the Et side of Contentney Creek, said to contain five hundred Acres which has been carefully Resurveyed, But find an error in said Patent, and in order the better to secure his title agreeable to the Bounds and marked Lines of his first Survey obtained a Warrant for 450 Acres which is now returned into the Secretarys Office by which it appears, that he hath had surveyed by virtue of his said Warrant 500 Acres agreeable to the Original Patent.

Praying that a new patent may issue on the said survey and that the former patent may be cancelled the Quit rents being paid to the 25th of October last Granted.

Ordered that the Secretary give Notice to the Inhabitants of the Counties of Hyde, Beaufort, Pitt, Carteret, Craven, Dobbs and Johnston, That all Enterys to be made for Lands in said Counties will be taken by the Surveyor General at the Town of Bath from and after the first day of January next, and not at the Secretarys Office.

Present, P. M.—His Excellency the Governor
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble Lewis Henry De Rossett Esquire
The Honble John Sampson Esquire
The Honble Alexr McCulloh Esquire
The Honble William Dry Esquire
and
The Honble Robert Palmer Esquire

Richard Singletary
agt
Thomas White

Citation issued to repeal Letters of administration Granted to Thomas White upon the Estate of Edward Fogatie Deceased. Heard the Plfts and Defendants Council and Evidence thereupon &c.

Ordered that the said Letters of Admn be Revoked.

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At a Council held at Wilmington 16th November 1764
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble Henry Eustace McCulloh Esqr
The Honble James Hasell Esqr
The Honble Alexander McCulloh Esqr
The Honble John Rutherford Esqr
The Honble William Dry Esqr
The Honble Lewis H. De Rossett Esqr
The Honble Robert Palmer Esqr and
The Honble John Sampson Esqr
The Honble Benjamin Heron Esqr

Caveat to a Patt { William Campbell
vs.
Cornelius Harnett and Caleb Grainger}

On hearing the Caveat Ordered, that a Warrant or Resurvey on the lands of William Campbell issue to Cornelius Harnett and Caleb Grainger

Read the Petition of Ephraim Lane setting forth that he holds in fee tail a Tract of Land in the County of Craven, said to contain 630 Acres, Granted to James Mackilwean by patent dated March 1st 1738, And by him conveyed to this Petitioner setting forth, That the Petitioner pursuant to an Order in Council dated the 26th October last hath Obtained a Resurvey on the said Tract a plot of which hath been duly returned into the Secretarys Office, by which plot it appears that only five hundred and four acres are contained within the Lines of the said Tract.

Ordered that an Abatement be made by the Recr Genl of the Quit rents due and accruing on the said Land for one hundred and Twenty Acres, and that proper Enteries be made of this Order in the Offices of the Secretary and Auditor General

Caveat to a Patent { John Stevens
vs.
James McDaniel}

On hearing the Caveat, Ordered that a Patent issue to McDaniel

Read the Sundry Warrants for Land as pr Warrant Book from No 367 to No 395 inclusive, except No 261 Caveated.

And Sundry Patents as pr Patent Book from No 200 to No 345 inclusive except No 261 Caveated.

Caveat to a Patent { John Stevens
vs
James McDaniel}

On hearing the Caveat, Ordered that a Patent issue to McDaniel

Read the Petition of John Hoffman of Cumberland County setting forth that he is possessed of part of a Tract of Land containing

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400 Acres formerly Patented by Barbara Blocker, then in Bladen now in Cumberland County, On the No Et side of the No Wt river, joining the lower side of Michael Blockers Land about 2 miles above the mouth of Rockfish Creek That John Babtista Ashe in his life time obtained a patent for 1,280 Acres in Bath County now Cumberland opposite to the mouth of Rockfish Creek, which Land the Petitioner apprehends will interfere with and take away part of the above mentioned Tract. Therefore prays for an order of Resurvey on both the aforesaid Patents Granted

Read the Petition of John Crawford Junr of Anson County, setting forth that he is possessed of a Patent for 100 Acres of Land in Anson County Lying on Hitchcocks Creek, which was granted to John Crawford Senr the 4th April 1750 and since purchased by the Petitioner—That finding an error in the said Patent he was advised to get a new Grant for the said Land, and accordingly hath obtained a new Patent for the same this present Court of Claims and praying that the said old Patent may be made void so that the Quit rents hereafter may commence from the date of the new Patent.

On the Petitioner producing the Recr Genls Receipt for the Quit Rents on the above mentioned Old Patent, Ordered, that the said Old Patent be made void agreeable to the Prayer of said Petition

Upon Petition of Hugh Park setting forth that he is possessed of a Tract of Land in Mecklenburgh (formerly Anson) County called 689 Acres by Patent dated 23d February 1754 No 717 and that there are several errors and also 100 Acres less than the Complement and prays relief

Ordered, that there be a warrant of Resurvey of the said Land and provided there is any vacant Land joining the same the Surveyor may take in the quantity mentioned in the patent and return it accordingly to have it confirmed

Read the Petition of Malcolm Fisher setting forth that he is possessed of three hundred and twenty Acres of Land in Mecklenburgh (formerly Anson) County by Patent No 831 dated 25th Feby 1754, That there are errors in the courses of the said Patent, and by omitting the Island which the said Fisher intended to take in (as appears by the first Corners being in the Island) and running into the Patented lands of elder date of Samuel Dunlop and Thomas McIlhanney, the Petitioner is deprived of a great part of his Land.

Ordered That there be a resurvey of the said Land and provided there is any vacant land, joining the same the surveyor may take in

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the quantity mentioned in the Patent and return it accordingly to have it confirmed.

Read the Petition of Mary McDowall setting forth that she is possessed of a Tract of Land called 320 Acres by Patent No 652 Dated Jany 28th 1754 and that there is manifest errors in the courses, quantity and distances and prays relief.

Ordered the same as above &c.

Read the Petition of George Routledge setting forth that he is possessed of a Patent No 962 dated 28th May 1754 of 320 Acres in Mecklenburgh County of which the said Routledge has lost 170 Acres by a mistake of running into the land of Robert Leeper and James Armstrong and prays that the said 170 Acres may be struck off the Rent Roll.

Ordered that there be a warrant of Resurvey as above &c.

Read the Petition of Thomas Rutherford setting forth that he is possessed of three tracts of Land on the branches of Locks Creek, which were all Patented 12th December 1757 Vizt One Tract of 400 Acres One of 160 Acres and one of 300 acres, That being apprehensive that part of 4 Tracts of Land Patented by Samuel Goodman the 11th October 1751 and Lands Patented by Duncan McCleran and others near the Polie bridge includes part of the Petitioners Three tracts above mentioned, And praying for a warrant of Resurvey to ascertain the Bounds of said Lands and No of Acres that may fall within the lines of the other Patentees.

Ordered, that there be a Warrant of Resurvey of the said Lands, &c

Read the Petition of Samuel Strudwick Esqr, setting forth that he purchased from the assigns of the late George Burrington Esqr a Tract of Land commonly known by the name of Stag Park situate in New Hanover County containing by estimation 10,000 Acres, which with the surplus Land, belonging to the said tract, your Petitioner obtained your Excellencys Warrant of Resurvey for, And in order to prevent disputes about the Bounds of Lines of said Tract of Land, Prays a warrant directed to his Majestys Surveyor General or his Deputy to Resurvey the said Lands, and mark the Bounds agreeable to the courses of the Patent for the same.

Ordered that there be a resurvey on the said Land to be returned to the next Court of Claims

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At a Council held at Wilmington 19th November 1764.
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
The Honble John Sampson Esquire
The Honble Alexr McCulloh Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire
and
The Honble Benjamin Heron Esquire

Read the Petition of James Howard setting forth that he and Alexander Lillington agreed to enter several Tracts of Land at Holly shelter Creek in New Hanover County in their joint names but thro' mistake the first entry is made in the name of Alexander Lillington only and praying that the Patent may come out in their joint names agreeable to Mr. Lillingstons Certificate Granted.

Ordered that new Commissions of the Peace and Dedimus issue for the following Counties as per Comms Book Vizt for Anson, Bute, Bertie, Chowan, Craven, Beaufort, Currituck, Dobbs, Edgcomb, Halifax, Johnston, Mecklenburgh, New Hanover, Pasquotank, Pitt and Rowan.


At a Council held at Wilmington 23d November 1764
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
The Honble John Sampson Esquire
The Honble Alexander McCulloh Esquire
The Honble William Dry Esquire
The Honble Robert Palmer Esquire &
The Honble Benjamin Heron Esquire

On motion of Mr. McGuire in behalf of Joseph White, Ordered That the plot for 200 Acres Returned by Warrant of Resurvey for Joseph White in Anson County be annexed to the Patent, and the Lines in the Patent to be altered to No 70 Wt 240 poles, So 30 Wt 168 poles, which gives him his complement as by Patent.

Caveat to a Patent {Whitford Patentee of 400 Acres Craven
Vs
Isaac Barrington Warrantee for 100 Acres}

Heard the said Parties by their Attornies, and—

Ordered, That the return of Barringtons Warrant shall exclude the Land and improvements held bona fide by the Patentee, And that Whitfords Line of No 23 Et be extended to the Creek,

Ordered, That Barrington pay the costs of the resurvey, and of the proceedings thereupon.

Read and Granted Sundry Warrants for Land from No 336 to No

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422 inclusive and Sundry Patents as pr Patent Book from No 346 to No 356—inclusive.

Read the Petition of Benjamin Heron, setting forth that he some time past purchased a Tract of Land of John Ashe Esqr, commonly called Marl Bluff, the lower side of which joins a Tract of Land belonging to Mr. William Monat who disputes the lower line of the said Tract called Marl Bluff, the said line having never been ascertained, and praying a Warrant for a Resurvey on the said Land.

Ordered, that there be a Warrant for a resurvey on the said Lands to be returned to the Court of Claims.

Read the Petition of Samuel Green setting forth, that he holds in fee two Tracts of Land Vizt One said to contain 640 Acres Granted to Roger Moore, the 24th November 1738, the other said to contain also 640 Acres granted to Christopher Bevis the 20th Feby 1735, which Tracts intersect one another, And praying an order for a Resurvey to the end that he may have Relief &c. Granted

The Honble James Murray, James Hasell, John Rutherford, Lewis Henry De Rossett, John Sampson, Henry Eustace McCulloh, Alexr McCulloh, William Dry, Robert Palmer, and Benjamin Heron, members of Council. and Maurice Moore and Robert Howe Esquires, Qualified as Justices under the General Commission of the peace, by taking the Oaths appointed by Law for the qualification of Publick Officers, together with an Oath of Office and subscribing the Test.


At a Council held at Wilmington 24th November 1764.
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
The Honble John Sampson Esquire
The Honble Henry Eustace McCulloh Esquire
The Honble Alexander McCulloh Esquire
The Honble Robert Palmer Esquire and
The Honble Benjamin Heron Esquire

Read the Petition of John Cheeck setting forth that he is possessed of a Patent for two hundred Acres of Land in Anson County, That the surveyor has by mistake mentioned the beginning corner to be below the mouth of Williams Creek Although in fact the said Tree stands above the mouth of the Creek, which can be proved by a living evidence who was present at the survey and praying relief &c.

Ordered that there be a warrant of Resurvey of the said Land to be returned to the next Court of Claims

Read the Petition of Sarah Roe of Beaufort County praying a warrant of Resurvey of Land originally patented by John Barras,

-------------------- page 1088 --------------------
in the year 1706 lying on the So side of Pamplico River near Derhams Creek in Beaufort County Granted.

Read the Petition of Robert Palmer praying for Warrant for a Resurvey on the Lands of James Adams Senr, James Adams Junr and John Fullerton on Bath Town Creek, to ascertain their Lines Granted

Read the Petition of Thomas McGuire praying a Warrant of Resurvey to Ascertain the bounds of a thousand Acres of Land situated on the No Et river formerly belonging to John Porter, and bounding upon Mr. Herons Line, Granted.

Ordered that Commissions of the peace and Dedimus issue for the Counties of Carteret, Currituck and Orange as pr Coms book


At a Council held at Wilmington 28th November 1764
Present—His Excellency the Governor
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble John Sampson Esquire
The Honble Henry Eustace McCulloh Esquire
The Honble Robert Palmer Esquire and
The Honble Benjamin Heron Esquire

Ordered, That the Secretary transmit to the several Receivers of the Duty on Liquors the Command of his Excellency's Council not to allow any draw back of the Country duty on Wine and Spirituous Liquors upon the exportation thereof, such allowance being contrary to Law.

Ordered, That the publick Treasurers and each of them do procure and transmit to the Secretarys Office on or before the first day of June next the following accounts from the several Clerks as compleat as they can possibly obtain them.

1st An annual Account of the number Taxables in each County from the year 1754 to 1764 inclusive of both years.

2d An Account of the Number of delinquents or defaulters on the tax list each year as allowed by the County Court to the Sheriffs.

3d An Account from the late Treasurer Barker or his Agent and from Mr. Starkey how the Several Sheriffs and the receivers of the duty on Liquors have annually accounted with them and what Ballance remains due from them respectively.

Ordered, That the Accounts so returned be delivered by the Secretary to Mr. Burgwin to be put in the most regular method he can And that he be allowed for his trouble therein

Ordered, That the said Treasurers do furnish Mr. Burgwin with any other Accounts requisite for settling and adjusting the said Accounts.

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Ordered That the Treasurers on rendering their accounts hereafter, do produce and file in the Secretarys Office the List of Taxables for each Country in their Districts respectively.