Chronicles of the Scotch-Irish Settlement in Virginia Volume I AUGUSTA COUNTY COURT RECORDS. ORDER BOOK No. VII. MAY 19, 1761. (1) New Commission of Justices. (3) Mary McClune, widow of Nathaniel, qualifies admx. c. t. a. (3) Agnes Buchanan qualifies admx. of her late husband, James McFarron, decd., now wife of Archibald Buchanan. (4) Commission ordered to privily examime Martha Givens, wife of Givens, as to deed to Saml. Bell. (5) James Hughes (with James Lockhart, security), ordinary license. (5) Johnston Hill's will presented, but Court, being satisfied he was non compos, it is set aside. Page 89 Page (6) Mary Brown qualifies admx. of her decd. husband, William Brown. John Graham fined for calling Israel Christian a rogue, a cheat and a rascal. Josiah Davidson, orphan of Danl. Davidson, aged 16 years, chose John Harrison his guardian. MAY 20, 1761. (9) Lilley Bowen qualifies admx. of Moses Bowen. Maundling and Philipina Kinsley to be bound out. Rebecca Roberts, a mulatto, given her freedom. (10) Wm. Hamilton, reason of great age and infirmity, exempted from County levy. (10) Nathan Abbott and Andrew Knight, witnesses from Hanover. (14) Hugh Green, reason great age and infirmity, exempted from levy. (15) Benj. Harrison qualified admr. of Gideon Harrison. (16) Saml. McDowell's mark recorded. Saml. McClure, witness from Louisa. MAY 21, 1761. (16) Saml. McDowell and Richd. Woods appointed guardians to Samuel, Arthur, Elizabeth, Esther and Charles, orphans of Charles Woods, decd. (17) Commission ordered for privy examination of Elizabeth, wife of John Drapier. (18) William Hobleman appointed Constable, Long's saw mill to Andrew Scot's. (19) Gowen West, servant of George Moffett. (20) James Pollock, witness. Absalam Bilbo, witness from Culpeper. (21) John McDonald bound to the peace towards John Pickens. MAY 22, 1761. (30) Neomi Hill qualifies admx. of Johnston Hill. (31) Widow of John Colley summoned to show why she does not provide for her children in a Christianlike manner. (31) Commission ordered to take deposition of Sampson Archer, about to remove out of the Colony. (31) Luke Bowyer, aged 16, orphan of Michael Bowyer, chose John Bowyer his guardian. MAY 23, 1761. (31) Neilly vs. Erwin Patterson--abates by death of defendant. (33) Givens vs. Holt Richardson--defendant being removed out of County--dismissed. (36) Erwin Patterson vs. Mathew Emack--plaintiff having died since last Court. (47) John Cunningham to his son, Walter--deed acknowledged. (47) Commission for privy examination of Agatha, wife of John Madison. Commission for privy examination of Alice, wife of Henry Brown, in deed to Thos. Walker--report recorded. (48) Rating of liquors, diet and lodging. Page 90 MAY 25, 1761. Page (49) Examination of Edward McGarry, on suspicion of felony. Principal begged the Court to consider his unhappy circumstances, and prayed the Court that he receive his punishment immediately without further trial. Given his choice of standing in the pillory for one-quarter hour or be removed to Williamsburg for trial--chose the former. JUNE 17, 1761. (49) Called Court for examination of Robt. McGarry, on suspicion of his breaking the jail and setting at large Edward McGarry and other prisoners. Acquitted. AUGUST 18, 1761. (50) Robert Armstrong, reason great age and infirmity exempted from County levy. (51) James McClure's will proved. Wm. Beard and Wm. McClure, two of the witnesses, are dead, and John McClure, eldest son and heir of decd., appeared and said he had no objection to proving the will, it is recorded. Wm. McClure, one of the executors named, is also dead, and Wm. Givens, the other executor, lives in South Carolina. Admn. is granted to James McClure, son of decd. (52) John McAdoe and Neill McNeill--appraisers. Samuel, son of Joseph Rutherford, exempted from County levy. (53) Joseph White exempted fmn payment of County levy. (52.2) (Two pages, numbered 52 and 53.) Thomas Meek appointed guardian of Wm. Meek, orphan of John Meek. (53.2) John McFarron qualified admr. of his son, John, Jr. Frederick Easter appointed guardian of Daniel and Catherine Mouse (?)--Mouse (y)--infants of Daniel Mouse. Archd. Buchanan appointed guardian to John McFarron, orphan of James McFarron. In consideration of this appointment Archd. agrees to educate, clothe and bring up at his own expense the orphan, and when of age pay him the estate with lawful interest. Margaret Gray complains that her husband, James, abuses her, and James is summoned--also Geo. Malcom and Sara summoned as witnesses. (54) Martha Givens, wife of Saml. Givens, relinquishes dower to Saml. Henderson. (54) Jane Evans, late Jane Looney, prays for admn. on her husband's estate, heretofore granted to David Looney, and David summoned. (54) Robert Adair appointed Constable in Staunton, vice Samuel Cloyd. AUGUST 19, 1761. (55) Thomas Paxton, reason of great age and infirmity, relieved of levy. Page 91 Page (55) Mary Miller, now wife of John Miller, qualifies admx. of her former husband, John Ingles. (56) Henry Smith and Johm Malcome, to view ground from Mr. Hart's to the Meeting House on Cook's Creek, for road. (56) Thomas Walker relinquishes his right to a piece of land lying in Burk's Garden to Patton's executors. (56) Commission for privy examination of Sarah, wife of James Trimble. (57) Elizabeth Black qualifies admx. of her deceased hushand, Anthony Black. John McAnulty declared bankrupt and discharged. Thomas Jones died possessed of a very small estate--Sheriff ordered to take possession. (58) John Skean appointed guardian of Elianor Milsap. (59) Among articles levied on by attachment is a horse running near the Town of Staunton. (59) David Corlock, reason age and infirmity, to be levy free. (60) Martha Jackson produced an account of her administration of her late husband, William Claypole's, estate. Ann Bryans, servant of Wm. Baskins. (61) Gowin West, servant of Geo. Moffett. Robert Hill, orphan of Johnston Hill, 16 yrs old, chose Danl. Smith guardian. Danl. Harrison appd. and quald. guardian to Jane Claypole, infant orphan of Wm. Claypole. AUGUST 20, 1761. (62) John Chambers exempted from County levy. (62) Fulton vs. Edward McGarry } Rob. Shankland and Rob. McGarry produced bills of sale for horses levied on, which were declared fraudulent. (62) Margaret Patterson, heir at law of Erwin Patterson. (64) Mark Mallcome--a juror. Theobald Meigham, a witness from Amherst. (66) Smith vs. Miller } Judgt. for 12 sh.--but being under £5, suit is dismissed with cost vs. pl. AUGUST 21, 1761. (68) John Furnis--witness. AUGUST 22, 1761. (71) Archibald Bryce, gent., represents that the store lately kept by him in the Town of Staunton is broken up and the company and partnership is dissolved; proved by oath the accounts on the store book; the store was the property of Coutts & Crosse. (72) Charles Syms--a. witness. AUGUST 24, 1761. (81) Edward McGarry returned no inhabitant. Page 92 Page (81) See the many suits vs. Edward. (84) Robert Harrison vs. McAnulty--abates by Robert's death. (86) £113, 7, Pennsylvania money = £99, 3, 9, Virginia money. (90) Adam Stevens returned so inhabitant. (91) Mary Montgomerie, mother of Elizabeth Robinson, appointed guardian ad litem for Elizabeth. (94) David Edwards vs. Thos. Jones--abates by death of plaintiff. (96) Tbomas Pointer returned no inhabitant. Saml. Gay returned no inhabitant. (102) Order to summons John Grymes on complaint of Wm. Grymes, orphan of David Grymes, dismissed. NOVEMBER 17, 1761. (104) Commission for privy examination of Catherine, wife of John White--deed to William Peoples. (106) County Levy. To John Porter, wolf; Francis Graham, wolf; John McKamy, wolf; John Hughes, wolf; John Cunningham, jailer. (106) Commission for privy examination of Mary, wife of Edward Beard. (106) George Martin added to list of tithables. (107) Daniel Love represents that he was security for Margaret Johnston, admx. of Arthur Johnston, but she has since married Wm. Gregg--prays counter security. (107) William Hutcheson, George's son. NOVEMBER 18, 1761. (107) John Buchanan qualified Sheriff. (108) Privy examination of Jane, wife of Wm. Sprowl. Felix Gilbert and Randal Lockhart qualified vestrymen. Thomas Smith, servant of John Graham. Elianer Roberts, servant of Wm. Holdman. Margaret, widow of Francis McCown, rejected the provision for her in his will. (109) Joseph Wright does not provide for his children and Church Wardens ordered to bind tbem out. (110) John and Saml. Moore bound to peace tomards John Thompson. James Galespy exempted from levy; reason, age and infirmity. NOVEMBER 19, 1761. (111) Meeting House on Cook's Creek (112) John Files--attachments of all personal effects. (115) Valentine Yoacum, witness from Bedford. (115) Commission for examination of Jane, wife of James Beard. (115) Thomas Gilmore vs. George Wilson } Agreed case submitted, viz: During the late war the Indians came to the plantation where plaintiff lived, and after killing his father and mother, robbed them and plaintiff of almost everything they had, and amongst other things, the horse in dispute. Defendant and several Page 93 others pursued the Indians several days and retook great part of the things belonging to the plaintiff. The inhabitants of Car's Creek, the plaintiff not one of them, offered to any persons that would go after the Indians and redeem the prisoners they should have all plunder belonging to them. (116) Joseph Jenkins--witness. (118) Robert Poage qualified Captain of Militia. NOVEMBER 20, 1761. (118) James Holles, juryman. George Woolridge, juryman. Lazarus Inmace, juryman. (119) Wm. Griffith exempted from County levy. (124) Craven Taylor, an infant, to be bound to John Dickinson. (125) Dated 20th but probably 21st, as 20th is on page 118. (129) Elizabeth Waters vs. James Littlepage--abates by plaintiff's marriage. (133) John McMahon and Richd. Stockdon, bail for Rob. McMahon. (140) James McKeachey vs. John Mason, eldest son and heir-at-law of John Mason--abates by death of defendant. (141) Cornelius Cain returned no inhabitant. (145) Jacob Peters admitted defendant in ejectment. Certificate of freedom of Edward Tarr. (146) Sarah Newman, a servant woman of Sampson and George Mathews, came into Court and agreed to serve her masters three years after her present time by indenture is expired on their consenting to her marrying Hugh Conner, but it is further agreed that in case she should not have issue that her said masters are to pay her the sum of £5 per annum, deducting only her clothes. (147) Jane Barren, a servant woman of Andrew Smith. DECEMBER 12, 1761. (150) Called Court for examination of Thomas Murray, charged with the felonious killing of James Boreland. Committed for trial at General Court. FEBRUARY 16, 1752. (151) Called Court for examination of Thomas Story, charged with receiving stolen goods, property of John Givens. (152) Committed for trial at Williamsburg. (153) Same as to Julian McMahon, for stealing--convicted of stealing some thread lace from Sarah Stewart; value, 10 pence, and given 39 lashes. (153) Same as to Bridget Lee for stealing--acquitted. FEBRUARY 17, 1762. (154) Saml. Mousey, witness to a deed. (155) Joseph Lion exempted from County levy. (155) Catherine Brown to be bound to John Kerr. Page 94 (156) Rob. Armstrong is appointed guardian of Lydia, James and Jane Armstrong orphans of James Armstrong. William Wilson, orphan of John Wilson, chose Roger Keys his guardian. Church Wardens to bind out John and Christian Stiffey, Walter, James and Francis Dunn. Children of Philip Hoofman to be bound out. Commission for examination of Rachel, wife of Andrew Kerr. John Stuart, orphan of James Stuart, to be bound out. (157) Ordered that Michael O'Hara, aged 12, September 1lth last, be bound to Alexander Millroy. Jane Lettimore, servant of Alexr. Stewart. John Stuart, orphan of James Stuart, aged 14, chose Henry Murray his guardian. James Stuart, aged 18, orphan of James Stuart, chose John Hamilton his guardian. Ralph Stuart, aged 15, orphan of James Stuart, chose Robt. Stuart his guardian. Ordered that the following orphans be bound: William Meek to William Warwick, Mary Meek to Andrew Settleton, Martha Meek to James Walker, James Meek to William Wilson, Jane Meek to Moses Moore. FEBRUARY 18, 1762. (158) Commission for examination of Elizabeth, wife of Wm. Lusk. (159) Moore vs. Geo. Anderson } John Anderson, a garnishee, declares he has one clock belonging to defendant. (159) Orphans of Geo. Shillinger to be bound. (161) Lawrence Huntsman, a garnishee. (162) Solomon Turpin to view a road. FEBRUARY 19, 1762. (163) James Bane's negro Coco adjudged 11 years. (164) John Lewis, gent., vs. Margaret Bell--abates by death of plaintiff. (164) Will of Hugh Thompson proved by one witness--lies over for further proof. (165) Eleanor Morgan, servant of John Bowen, arrived in this Colony 3d June last. FEBRUARY 20, 1762. (166) Philip Fagan, a witness. (166) Thos. Lewis obtained certificate for 3,393 lbs. hemp. (167) Joseph Maynard--a witness. FEBRUARY 22, 1762. (168) Called Court on Andrew Little, charged with stealing--guilty and 39 lashes. (169) Francis Gernor, a juryman. (170) Wm. Lapsley vs. Wm. Johnston--abates by death of plaintiff. (170) Francis Gardner, juryman--see page 169, supra. FEBRUARY 23, 1762. (171) Minute says 1761, but must be 1762. Page 95 Page (172) Suit abates by death of James Leister. (172) David Frames vs. Joseph Hannah--Set for hearing on bill and answer, and parties allowed to examine witnesses on the trial. (173) James Mitchell vs. James Lockhart and Sampson Mathews--Agreed case submitted, viz: Joseph Love made power of attorney to his wife Margaret, 22 Dec., 1752. Margaret executed mortgage to plaintiff, 1753, of a slave. The debt was paid, except £15, 10. Defendants seized the slave upon attachment, but he made his escape. Plaintiff had seized the slave to satisfy the £15, 10. Slave died in hands of James and Sampson. (176) James Burnsides vs. James and John Jackson--John Jordan security. (181) Wm. Lapsley vs. Wm. Johnston--Abates by death of defendant. See page 170.supra. (183) Nicholas, etc. vs. Jacob and Adam Pence--Catherine Pence, mother of defendant, Adam, appointed guardian ad litem. (187) Valentine Butcher--bail. (188) Davis Colmer, removed out of the County. (195) Wm. Hadden--a juryman. (196) Wm. Robinson appointed guardian ad litem for Elizabeth Robinson, orphan of John Robinson, at suit of David Robinson. FEBRUARY 24, 1762. (198) Wm. Carr, assignee, vs. John Chambers--Defendant having made oath that he is not the person indebted--dismissed. (204) Thos. Fulton vs. Robt. Buckley--Sheriff has attached 31 wigs, 6 razors, and beds, chairs, etc. (204) Sampson Mathews declares that he saw Joseph Love bite off the left ear of John Noland--certified. MARCH 18, 1762. (204) Called Court, examination of John Bocock, for stealing £75, Committed for trial at General Court. (205) Same of Ann Williams, for stealing £100. Guilty and same. Same of Edward Kelly--same judgment. MARCH 19, 1762. (206) James Carmickle and Adam McCormick, for stealing--acquitted. (206) Thomas Brown, breaking the store house of Alexr. Boyd. Acquitted. APRIL 5, 1762. (207) James Carmickle and Adam McCormick; for stealing. Convicted and sent to General Court. (207) Thomas Liddle, for stealing--acquitted. (208) Charles Alsberry, for stealing--acquitted. John Nugent, for stealing--acquitted. Page 96 MAY 18, 1762. Page (208) John Hicklin appointed Constable, vice Adam Jordan. (210) Commission for examination of Hannah, wife of John Miller. (211) John Herd--appraiser. (211) Following received certificates for naturalization: Henry Stone, Sebastian Hover, Gabriel Kyle, Henry Peninger, Woolrick Coonrod, Mack Swadley, John Dunkle, Michael Mallow, Michael Props, George Hammer, Nicholas Havenor, Henry Pickle, Ludwick Havener, Frederick Easter. (213) Peter Tresler. (See Index to Judgments.) (214) Robt. Breckinridge appointed guardian to Peter Looney, an infant, to prosecute a suit in Chancery against his grandfather, Robert Looney. (214) Margaret Gragg, late Margaret Johnston, has since married William Gragg. (214) Saml. Scot, orphan of Saml. Scot--Wm. Pickens, guardian. Commission for Jane, wife of James Thompson. (215) John Duncan to be bound to John Moore to learn trade of a joiner, and Moore qualifies guardian of Duncan, who is orphan of James Duncan. (215) David Sayers qualifies guardian of Joseph, orphan of James Duncan. Janet Duncan, same as to James Duncan. (215) Mary Folley (Tolley ?), servant of James Alexander. MAY 19, 1762. (215) John Hopkins and John Herdman, surveyors of highway, from Ephraim Love's to James Wait's. (216) Fenix Shalpman appointed Surveyor. (217) Peter, Elizabeth, Hannah, Barbara, Catherine, orphans of Jacob Rodcap, to be bound to Geo. Hollowback. Moses Maiden to be bound. (217) Commission for examination of Zurubiah, wife of Gabriel Pickens. (218) John Bush, a soldier under Capt. John Blagg, arrested for debt. (218) Neomi Hill vs. Rob. McGarry--Abates by marriage of plaintiff. MAY 20, 1762. (223) Robert Fletcher--witness. (224) Samuel Ferguson--prays and is allowed to sue in forma pauperis. (224) Patrick Hara, Thos. Brannon, John Hays, soldiers, march into Court with their hats on and insult the Court. Committed to jail during pleasure. (226) Isabella Lorrimer, a witness; John Lorrimer, a witness; Robt. Belshire a witness; Robt. Duffell, a witness; Isabella Johnson, a witness. (226) George Anderson declared insolvent. James Buntin--juror. (227) Thos. Cooper, servant of Robt. Campbell. (228) Robert Moseley, witness from Prince William, 140 miles. (229) Robert Young, aged 18, orphan of Robert Young, chose James Young his guardian. (229) Road to be viewed from Dove's to Capt. John Dickinson's. Page 97 MAY 22, 1762. Page (231) William Smith, servant of Robt. Graham. (232) John Stewart vs. James Crawford } Slander--judgment for plaintiff. (233) Thomas Moore, Quaker, an arbitrator. £42, 3, 9, Penna. money == £33, 15. (234) Road ordered from Graham's Clearing to Catawbo. (234) Thos. Tosh appointed Constable, vice Uriah Acres. (234) Road from Jones's Ford to John Scots. (236) Joseph Ray produced the books of James Leister and swore to the entries and charges which were made by himself. MAY 24, 1762. (237) Isaac McDonald, returned no inhabitant. (238) Daniel Smith, Mathew Patton and Michael Mallow, surviving partners of Robt. Harrison, vs. Wm. Crow. (241) Esther Brown vs. John Daily--Abates by death of Esther. (245) John Robinson, Richard Tunstall and James Mills, executors of Wm. Beverley, vs. William and Andrew Hamilton. (249) On motion of John Dickinson, gent., it is ordered to be certified that he a known and commonly reputed to be the only son and heir of Adam Dickinson, late of this county, deceased. (251) Simon Robinson petitions that he has been at considerable expense in conveying from Roanoke three prisoners committed by Israel Christian--allowed £l, 10. (253) Liquors rated. James Young, a juror impanneled, failed to answer when called; fined and suit continued. Alexr. McClenachan, Thos. Crow, Joseph Bell, George Francisco, disturbed the Court by playing at ball, and are fined. (253) James Ewing qualified Captain of Militia. MAY 25, 1762. (255) Neomi Hill vs. Jonathan Douglas--Abates by marriage of plaintiff. (270) Israel Christian petitions that he bought, in 1756, 6410 lbs. tobacco levied by the Country proportion in Lunenburg for use of this County, and sold it to Horden Burley, but it turned out there was only 3410 lbs. due and Burley lost £30, 4, 2, which Sheriff is ordered to pay. (270) James Underwood exempted from County levy. (270) Alexr. Hay returned no inhabitant. AUGUST 16, 1762. (281) Called Court on Elizabeth Smith for stealing--39 lashes. AUGUST 17, 1762. (282) Malcom Allen, with his son, Hugh, added to tithables. Page 98 Page (282) Martha Givens, wife of Saml. Givens, relinquished dower in 151 acres conveyed to Saml. Henderson. (283) Indenture of apprenticeship from John Edwards to Wm. Hide--recorded. (284) Agnes Tosh qualifies admx. of Tasker Tosh, her husband, decd. (284) Wm. Edmondson notifies the Court that Mary Drumer lately died at his house leaving a very small estate--ordered to be sold and William's debt paid. AUGUST 18, 1762. (285) Alexander Love, a garnishee. (286) Margaret Craven filed account of her administration of estate of her late husband, Wm. Dyer. Robert Looney exempted from County levy. (286) Andrew Smith's will proved by one witness and ordered to lie for further proof. Henry Peninger qualified administrator. (287) James Coursay, orphan of Brush Coursay, ordered bound to George Francisco. (288) Israel Christian vs. George Salling } George Salling, garnishee. (288) John Henderson complains of his father, George Henderson, setting forth that he uses him ill--George summoned. (289) Edward Warner, witness to will of Mathew Erwin. William English exempted from County levy. Mary Gregory qualifies admx. of her deceased husband, Naphthalum Gregory. Samuel Steel, with two others, added to tithables. James Steel, John Steel, John Findley, and John Findley, Jr. added to tithables. AUGUST 19, 1762. (291) Commission for examination of Mary, wife of William Johnston. (291) Alexr. and John Collier, Saml. Lindsay, James Clemons--jurors. (292) Israel Christian complains that John Bowyer, gent., interrupted and ill-used him in his efforts to suppress gaming--bound over to Grand Jury. (293) James and Joseph Scot, orphans of John, chose David Scot their guardian. Philip Phagan, Saml. Tencher. Joseph Kenaday abused the Court while sitting and is fined. (294) Skidmore Mousey, a juror. (295) Elizabeth Chittam, a witness from Frederick. Will of John Lewis presented and witnesses ordered to be summoned. AUGUST 20, 1762. (297) Margaret Farrell, servant of Andrew Greer, complains of ill-usage by her master, but Court orders 25 lashes. (298) Saml. Easlick, Daniel Mausume, jurors. John Seviar, witness from Frederick. James Deniston, servant of John Christian, gent. (301) Mary Boughan, servant of George Wilson. Page 99 Page (302) Davys Colmer, Clerk, vs. Robt. McClenachan--judgment. (302) Samuel Easlick, Daniel Maupin, James Means--jurors. (305) Nicholas Hedrick vs. Jacob and Adam Pence } Decree that Adam convey the land when he becomes 21 years. (305) Israel Christian vs. Margaret Patterson, only daughter and heir-at-law of Erwin Patterson--Decree for conveyance by Margaret when she becomes 21, or three months after. (306) Israel Christian released to George Wilson his interest in a bill of sale now on record to him from Robt. Adair. AUGUST 23, 1762. (308) Robert Graham returned no inhabitant. (308) John McMahon vs. George Anderson } Sheriff returns on the attachment that he could find no estate of defendant. (310) Beverley's Executors vs. John Gay and Wm. Hamilton and Margaret, his wife, late Margaret Gay, Executor of Wm. Gay, decd.--Agreed. (311) John Knox returned no inhabitant. Saml. Johnston returned no inhabitant. (313) Samuel Hutton security. (314) James Milligan, returned no inhabitant. (315) Thomas Lloyd, returned no inhabitant. (317) Archd. Hopkins, special bail. (324) Henry Maury, juror. AUGUST 24, 1762. (329) Napthalum Gregory vs. Stephen Wilson--Abates by death of plaintiff. (335) Henry Chapman, returned no inhabitant. (336) Joseph Donaldson, returned no inhabitant. (337) On motion of Eleanor, widow of Hugh Thompson, it is ordered that Commissioners lay off and assign her her dower in the said land which James Thompson, the heir-at-law, hath conveyed to Saml. Henderson. (339) John Stagg, a garnishee. (340) John Laney returned no inhabitant. AUGUST 25, 1762. (341) Archd. Clendenning appointed Constable on the waters of the Greenbrier. (343) Robert Campbell and James Taylor, returned no inhabitants. (353) William and Samuel Tencher, witnesses. Page 100 NOVEMBER 16, 1762. (355) Boslen Hover, grand juryman. James Moody, reason great age and infirmity, exempted from levy. John Brooks, deceased, Wm. Wilson qualified administrator. (356) County levy. To Nathaniel Wiltshire, wolfhead; to Evick Thomas, wolfhead; to Patrick Duffey, guarding the jail. (357) To George Dunkill, wolfhead; to Wm. Hide, building a jailor's house, £139, 15, or 33,540 lbs. tobacco. (358) James Gatlive, decd., Robt. Montgomerie qualified administrator. Rebecca, wife of Abraham Hite, release dower in deed to John Wright. John Inzer, reason age and infirmity, exempted from County levy. NOVEMBER 17, 1762. (359) Jane, wife of James Thompson, releases dower in deed to Samuel Henderson. John Mason's orphans to be bound out. William Wallace added to tithables. James Wallace added to tithables. (359) Michael Williams, aged 17, and George Williams, aged 15 years, to be bound to Augustine Price. Thomas Peerie's will produced and order to summon witnesses. Commission for private examination of James Simpson's wife, Jane, in deed to John Handley. John Hunter, with two others, added to tithables. (361) James McGill, qualified Lieutenant of Militia. James Hook, qualified Ensign of Militia. (362) Ezekiel Drady, an orphan, to be bound to Wm. Scot. NOVEMBER 18, 1762. (363) Egnier Verden, witness to will of John Wright. (363) Benj. Harrison, Andrew Bird and Abraham Bird took the oaths as Captains of Militia. (364) Daniel Smith appointed guardian ad litem for Mary Harrison, an infant, vs. Andrew Hamilton. (364) Saml. Harrison vs. Alexr. Herron } Commission to take depositions of Jeremiah Harrison, Senior and Junior. (364) John Carlile and Mary Carlile are appointed guardians for Ruth and Isabella Clemons, orphans of Jacob Clemons. (364) John McKem, executor in will of James Gray, summoned to show cause why he has not proved the will. (365) Margaret Woods vs. Thomas Loyd } Sheriff attached--One bottle rhubarb, 1 paper rhubarb, 14 boxes Lockyer's pills, 3 bottles Daffy's Elixir, some spirits of hartshorn, 2 papers senna, 1 paper black brimstone, 1 gally pot and vial. (366) John Ramsey vs. John Hamilton } Sheriff attached a wagon. (388) Michael Waring (Warren), juror Page 101 Page (389) Michael Bowyer and James McDowell given permission to erect a house 18 feet in length on the lot belonging to the County fronting the street near William Crow's, they agreeing the said house shall belong to the County at the expiration of Rob. McClenachan's lease of the old Court House. NOVEMBER 19, 1762. (390) James Lawson, decd.--John Smith appointed administrator. (390) Bingamon and wife to Thomas Staunton, Sr., deed. Bingamon and wife to Thomas Staunton, Jr., deed. (391) John Weltshire, Alexr. Sayers and Jacob Castle, to view and report value of improvements by John Staunton on two tracts on New River. Jane, widow of John Erwin, renounced the will. (392) Thomas Fitzpatrick refused in open Court to take the usual oaths to his Majesty's person and government when tendered to him. Joseph Herndon, decd.--Rob. Kinkade qualified administrator. Wm. McGill, Benj. Kinsey, jurors. (394) John Goldsmith, Joseph Jenkins, jurors. (395) James Deniston, servant of John Christian. NOVEMBER 20, 1762. (396) William Smith petitions that Rob. Graham. to whom he was bound, has not complied with the tenor of the indenture, and William is discharged from further servitude. (398) John Carpenter returned no inhabitant. (401) Richard Doggett and Rhoda, late Rhoda Evans, vs. Abraham Dunklebery--Abates by death of defendant. (401) Cornelius Bogard returned no inhabitant. (404) John Slaven--witness. NOVEMBER 22, 1762. (406) William Holton vs. John Burk } Abates by death of plaintiff. (408) Frederick Goile, returned no inhabitant. (410) James Littlepage returned no inhabitant. (418) Nicholas Mase--defendant. (435) Thorp and Stumps vs. James Emacks and John Cocks. (441) John Thompson, Henry Ferguson and Hugh Mills to view the nearest and best way from the Stone House to Bedford Line. (442) Christian Evick vs. Andrew Full } Defendant returned no inhabitant. NOVEMBER 23, 1762. (448) John Poage, gent., took the usual oaths to his Majesty, &c., which were ordered to be certified. Page 102 FEBRUARY 15, 1763. Page (449) Commission for private examination of Elizabeth, wife of Andrew Fought. (450) Alexr. Anderson, decd.--Saml. Huston qualified administrator as greatest creditor. (450) Commission for examination of Christ, wife of Rob. Fletcher. (450) James Gatliff, decd.--administration heretofore granted to Robt. Montgomerie is revoked and granted to the widow, Martha. (451) Commission for examination of Jane, wife of Andrew Brown. Commission for examination of Barbara, wife of Adam Reed. (451) James Warrington to be bound to John Cunningham. (452) Fredk. Frits, a garnishee. Henry Heath, a garnishee. (452) Motion William Mann, John Graham, late guardian of David Graham summoned to account. (452) James Lapsley, having been committed to jail as a vagrant and idle person, is discharged, no person appearing to make good the complaint. (452) James David refuses to qualify executor of James Young. FEBRUARY 16, 1763. (453) Danl. Lawrence, decd.--John Lawrence qualifies administrator. (453) Jeremiah Osborn and Charles Wolson prove the will of Anthony Bogard. Adam Rotherback, an appraiser. (457) Samuel Vernold, appointed viewer. James Gatlive (Gatliff) 's appraisement. (458) John Bingamon to Thos. Staunton, Jr. Ann Croxan, servant of Mary Greenlee. (459) James Young's will proved by one witness and lies for further proof. (460) David McCoumus, witness. (461) Commission for examination of Agnes, wife of Wm. Wilson. FEBRUARY 17, 1763. (462) John Johnson, aged 18, orphan of Arthur Johnson, chose Daniel Smith his guardian. (462) Margaret Van Pelt qualified admx. of her late decd. husband, Peter Bowman. (462) John Anderson petitions that Rev. John Craig detains him as a slave, contrary to law. Rev. John is summoned and it is further requested that he allow Anderson to go to Brunswick County to summon his witnesses. (468) Robert Knox, juror. (468) Nicholas Hamner, witness from Albemarle. FEBRUARY 18, 1763. (477) Andrew Russell, with two tithables, William Palmer, William Martin, Alexr. McDonald, Wm. Thompson, Alexr. Thompson, John Thompson, George Caldwell and his two sons. Wm. Henderson and John Wallace, to work the road from Christian's Creek to Rockfeil Gap. Page 103 Page (477) John Bowyer, gent., having been fined by justices for gaming in a public house, appealed to the Court when he appeared and confessed, and judgment for fine and costs. (480) George and John Francisco committed for debt. FEBRUARY 19, 1763. (482) Sheriff ordered to purchase a pair of iron dogs for the Court House chimney and employ workmen to repair the hearth. (482) John Bowyer offers 12 sh. 7 pnc. for what over tobacco is levied in the country proportion for this County.--Accepted. (484) John Dickenson, gent.. acknowledged a power of attorney to John Boller, which is ordered to be certified. (486) Jacob Parsinger and Catharine, late Catharine Pence, vs. Miller, executor of Pence. (486) Viewers for road from Stone House to James McAfee's, or James McCown's, on Catapo, viz: Edward Garwin and James McCune. (487) Coutts and Crosse vs. Alexander Anderson } Abates by death of defendant. See page 501 also. (495) Thos. Patton appointed Constable. James Ward, goaler. FEBRUARY 21, 1763. (497) Archibald Cunningham returned no inhabitant. (504) Malcomb Campbell vs. Joseph Cravens } Abates by death of defendant. (504) Robert Lusk vs. James Greenlee } Abates by death of defendant. 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