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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
May 19, 1772 - May 26, 1772
Volume 09, Pages 293-295

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


At a Council held at New Bern May 19th 1772.

Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble Lewis DeRosset Esquire
The Honble John Sampson Esquire
The Honble Samuel Strudwick Esquire
and
The Honble Samuel Cornell Esquire

This Board proceeded to enquire into a complaint against Saml Smith and Col Cogdell, the first for being privy to abuse and fraudulent design and the second for partiality in the execution of his office as Majistrate When Col Cogdell was fully and honorably acquitted, but the presumption being strong against Mr Smyth, It was ordered that he should be struck from the Commission of the Peace for Craven County.

———


At a Council held at New Bern May 20th 1772

Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble Samuel Strudwick Esquire
and
The Honble Samuel Cornell Esquire

Ordered a new dedimus to augment the last Commission of the peace for Tyrell County with the following names Viz.

Ebenezer Slade Senr James Sherwood, Kenith McKenzie, Thomas Hunter, and John Lewillin.

———


At a Council held at New Bern 22d May 1772.

Present
His Excellency the Governor
The Honble James Hasell Esquire
The Honble Samuel Strudwick Esquire
and
The Honble Samuel Cornell Esquire

Ordered a new Commission of the peace to issue for the County in which the names of John Smith, John Lochart, Zachy Barron, Wm Richard Jasper, Benj. Mason, and Thomas Jardan are to be omitted; and Richard Harvey, William Russel, Benjn Parmelee, and Frederick Barron, are to be added.

-------------------- page 294 --------------------

At a Council held at New Bern 23d May 1772

Present as above.

Isaac Edwards Esquire took the Oaths on being appointed Dep.

Audr.

———


At a Council held at New Bern 26th May 1772.

Present.
His Excellency the Governor.
The Honble James Hasell Esquire
The Honble Samuel Strudwick Esquire
The Honble Martin Howard Esquire and
The Honble Samuel Cornell Esquire

His Excellency acquainted the Board that he was well informed it hath been a frequent practice for persons to make entries of Land in the Secretarys Office in consequence of which they destroyed the timber and burnt off the lightwood without ever prosecuting their title or taking out Patents for the Land by which means His Majestys Revenue is injured and the payment of his quit rents evaded; and desired their opinion what method would be taken to put a stop to so fraudulent a Practice. The Board were of opinion that His Excellency should issue a Proclamation to prevent so injurious a practice, Viz.

North Carolina—

By His Excellency Josiah Martin Esq, &c.

A Proclamation

Whereas many persons have made frequent practice of entering Tracts of Land in the Secretarys Office and immediately set down on the same—carried off the timber and burnt the lightwood without further prosecuting their claim to a patent for the said Land to the great injury of His Majestys Revenue and his well disposed subjects who come to settle in this Province. In order therefore to put a stop to such iniquetous proceedings I have thought fit by and with the advice and consent of His Majesty's Council to issue this Proclamation hereby strictly enjoining and forbiding all persons whatever who shall hereafter make entry of any Tract piece or parcel of Land in the Secretarys Office of this Province or with any surveyor authorized to receive the same, from presuming to enter upon the said Land until they shall have fully perfected their claim to a patent and actually received the same. And it is hereby declared that any person or persons so doing shall be prosecuted with the utmost rigour of the Law for such trespases and if discovered before the

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patent has actually been granted and passed the proper Offices, shall forfeit all right or claim to a patent and the Land so entered shall be free and open for any other person to make entry thereof. And it is hereby further declared that any person or persons who shall be known to gather lightwood upon any of the ungranted lands of his Majesty within this province shall be rigorously prosecuted for such offence.

Given under my hand &c &c
JO. MARTIN
God Save the King