Joseph Montfort & others Exrs of Jno Elbank, Deceased Vs The Widow and children—
Heard the Case argued relative to the Will of John Elbank, who in his first wifes life time made a will and had three Daughters by the said wife, which wife died the latter end of that year, soon after who's death, Mary the youngest daughter died being from that marriage—In the beginning of the year 1764. Mr. Elbank married his second wife (who now Caveats) and he died in October 1764 leaving this will, his wife then Ensient and since delivered of a daughter. Ordered that the Attorney Generals Opinion be had thereon—He being humbly of Opinion, that the particular Circumstances attending the said Case, is a presumptive Revocation of the said Will, and the said J. Elbank died Intestate.
Ordered that the said Will be Revoked, accordingly, And that Letters of Administration be granted the Widow.
Read the Deposition of John Frohock Esqr and examined William Alexander upon Oath, relative to Sundry Persons having assembled in a riotous manner and outrageously beat and abused John Frohock, James Norris, Abraham Alexander, James Alexander, James Ross, Elias Alexander and William Alexander, who were surveying a piece of Land for the widow Alexander on Mr. Selwyns Tract, Thereupon it is, Ordered, That a proclamation be issued offering a pardon, to any two of the said Rioters, who shall first discover to his Honour the Lieutenant Governor or Attorney General the names of said offenders, so as they may be convicted and punished according to Law, And that the Attorney General upon receiving such information Do prosecute the said offenders in the most effectual manner.
The following Proclamation was issued agreeable to the foregoing Order Viz.
By the Honble William Tryon Esqr, Lieutenant Governor and Commander in Chief in and over the said Province.
Whereas information on Oath hath made to me in Council That on the seventh day of this Instant May, in the County of Mecklenburg several Rioters to the number of twelve or more, blacked and disguised and armed with Guns and Clubs to the Great Breach and Disturbance of His Majestys Peace and Government, Did violently outreageously and riotously assault and beat John Frohock Esqr and others employed by the Honble Henry Eustace McCulloh in surveying and running out some surveys for persons settled in the Lands belonging to George Augustus Selwyn Esqr.
In order therefore for the discovery of the said Rioters and that they be punished agreeable to Law, I thought fit by and with the advice and consent of his Majerty's Council, to issue a Proclamation, hereby publishing and Declaring that any Two persons concerned in the said Riot, who shall first appear and make information to His Honour the Lieutenant Governor, or His Majesty's Attorney General, of the names of the several Rioters, that they may be convicted; The said Persons so giving information shall be exonerated and freed from the punishment which the Justice of the Laws of their Country will require to be inflicted on them for the Commission of the said offence.
Given under my hand and the seal of this province at Newbern May 18th Anno Domini 1765—Wm TRYON.By His Honrs CommandBenjamin Heron SecretaryGod save the King.
Heard the Petition of Mr. John Rice praying His Majestys Writ of Injunction against William Herritage and others to stop levying an execution against him on a Judgment obtained in the Superior Court of Newbern, &c.
Ordered the Injunction accordingly issue.
His Honour Ordered a Proclamation be prepared to Prorogue the Assembly until Wednesday the 27th day of November next.
Ordered a Commission of Peace and Dedimus issue for the County of Bertie, in place of former one by some accident lost.