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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
March 08, 1762
Volume 06, Pages 755-757

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

At a Council held at Wilmington 8th day of March 1762
Present—His Excellency the Governor.
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis DeRossett Esqr &
The Honble John Sampson Esqr

It was Ordered that His Excellency's Commission be read as Governor and Commander in Chief in and over this Province of No Carolina under his Present Majesty George the third, as also his Excellency's Commission as Vice Admiral of the same which was done accordingly

His Excellency took the Oaths of Supreamacy and Allegiance subscribed the Test and the Oath as Governor. As also the Members present took the Oaths of Supreamacy and Allegiance Subscribed the Test and took the Oath as Councilors

John Rutherford Esqr Produced to this Board his Commission as Receiver General of this Province under the Sign Manual of the Present Majesty when he again took the Oaths of Supreamacy and allegiance Subscribed the Test and took the Oath of Office he having given Bond with sufficient security for the due performance of the said Office.

Ordered that the said Commission for Receiver General be Entered in this days Journal which is as follows—

King's Commission to John Rutherford Esqr Receiver General of Quit Rents in North Carolina Office Renewed
George R.

George the Third by the Grace of God, King of Great Britain France and Ireland, Defender of the faith and so forth To all to whom these Presents shall come Greeting Whereas the King our late Royal Grandfather of Glorious and happy Memory did by his Commission

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under his Royal Sign Manual bearing date the 13th day of November 1750 Constitute and Appoint John Rutherford Esqr to be the Receiver General of all his said late Majesty's Quit Rents, Revenues, Fines, Forfeitures or other Incomes (His Revenue of Customs only excepted) Arising within the Province of North Carolina in America. To Hold to the said John Rutherford, During his said late Majesty's Pleasure with several Powers to the said John Rutherford in the said Commission contained and with an allowance for the execution of the said office of Ten Pounds per Centum upon all moneys or value of moneys to be Received by him as Receiver aforesaid, And whereas by the occasion of the Demise of our said late Royal Grandfather the Office so Granted to the said John Rutherford is or soon will be determined. Now Know Ye that we reposing especial Trust and Confidence in the abilities, experience, care and Fidelity of the said John Rutherford in and for the Execution of the said office and graciously intending to continue him therein with the like Powers in the like manner, and with the like allowances as he held and enjoyed the same at the time of the Demise of his said late Majesty by or under his Commission afore recited, Have Constituted and appointed and do by these presents Constitute and appoint him the said John Rutherford to be our Receiver General of all our Quit Rents, Rents, Revenues, Fines, Forfeitures or other Income whatsoever (our Revenue of Customs only excepted) arising and becoming due and Payable unto us within our Province of North Carolina in America, To hold the said office unto him the said John Rutherford during our Pleasure and we do hereby give unto him full Power and Authority to give Receipts or Acquittances for all sums of Money or Value of Moneys which shall by virtue hereof be had Received and taken by him for our use which the said Receipts or acquittances shall be good and sufficient discharges against us Our Heirs and successors and in case of non payment of any of the said Quit Rents, Rents, Revenues, Fines and Forfeitures Sum or Sums of Money, the said John Rutherford is hereby required and impowered to levy secure and Recover the same by distress and by sale of such distress rendering the overplus (if any) to the owner or by any other ways and means Established or allowed to be Established or allowed by the Laws of our Kingdom of Great Britain or of our Province aforesaid and to the end the said John Rutherford may be encouraged diligently to attend the said office and duly execute the same and that we may be acquitted of all cravings, demands, charges and expences whatsoever incident to or
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attending the execution thereof. We are graciously pleased to Grant unto him the said John Rutherford an allowance of the sum of Ten pounds in every one hundred Pounds upon and for all moneys or value of monies which shall be received taken and collected by him by virtue of or under this our Commission And we do hereby give likewise full power and authority to the said John Rutherford to retain and keep to his own use out of the Produce of his said Receipt, the said Allowance of Ten pounds in every one hundred Pounds, accordingly And we do charge and require the said John Rutherford to account unto us upon Oath yearly and every year for the monies of his said Receipt before the Auditor General of our Revenues in America for the time being or his Deputy And that the said John Rutherford do answer and pay from time to time the monies that shall be and remain in his hands in such manner as we shall direct by any Warrant or Warrants under our Royal Sign Manuel Countersigned by the Commissioners of our Treasury or High Treasury for the time being and not otherwise And that he the said John Rutherford do forthwith or as soon as may be give good and sufficient security in our said Province for his due Performance and execution of the said office which said security is to be to the good liking of our Governor and Council there and we do hereby charge and require all our Governors Lieutenant Governors, Commanders in Chief and other Our Officers and Ministers whatsoever as well in our said Province as elsewhere to take notice hereof and to be aiding and assisting unto the said John Rutherford in the just and due execution of his said office of Receiver General as our Service may Require.

These Presents being first Entered with the said Auditor and Entered or Inrolled with our Governor and Council in our said Province Given at our Court at Saint James this second day of April One Thousand seven hundred and sixty one in the First year of Our Reign

By His Majestys Command

Entered in the Auditor Generals Office the 28th July 1761.