Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court, September October 1770 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com March 27, 2007, 3:40 pm Source: Annals Of S W Virginia Written: October 1770 At a court held for Botetourt the 9th of October, 1770. [Transcriber’s note: This entry is dated 9th of October, the one following is dated 10th of Sept. and the ones after that are dated in October. I do not know if the records were not entered in chronological order or if it was a typo on the part of the author] Present. Robert Breckenridge, John Bowyer, James Trimble, and William Christian, Gent. The court doth appoint John Skillern & Jacob Worley overseers of that part of the road between Walter Stewart's & Lawrence's of which John McClure was formerly overseer, in the room of the sd. McClure, who is dischd. from that office. On motion of John Cowardon, a licence is granted him to keep an ordinary at his house, whereupon he, together with John Allison, his security, entered into & acknd. their bond in fifty pounds conditioned as the law directs. Ordered that Joseph Cloyd, Hugh Barclay, Jno. McClure and Joseph Walker or any three of them being sworn before a Justice of the Peace for this County do view the way mentioned in an order of court dated the sixteenth day of August, 1770 directed to William Foster, John Murrow & William Matthews, and also any other way that may be proposed from James Simpsons to the mouth of the South River, and make a report of the conveniences & inconveniences attending each respectively to the court. On the motion of James Davis, a certificate is granted him for obtaining letters of administration on the estate of John Logan, decd., whereupon the said James made oath accdg. to law and entd. into bond with Wm. Preston and Andrew Crocket, his securities, in five hundred pounds, conditioned as the law directs. On the motion of David Doak leave is given him to build a mill over Evans Creek on his own land, it appearing to the court that the land of no other will be affected thereby. William Hugart, Robert Glaspy & John Robinson, the persons appointed to view the way from Jacob Persinger's to the fork of Dunlops Creek, reported that it is impossible to establish a road there, whereupon the order is discharged. On the motion of Richard Moore, leave is given him to build a mill over Beaver Creek in this County on vacant land, it appearing to the court that the land of no other person will be thereby affected. Benjamin Estill proved a certificate of one thousand five hundred & twenty nine pounds of hemp according to law. A report of the road from the Court House to Walter Stewarts being this day returned the Court took the same into consideration & thereupon it is their opinion that the road as it now stands is more convenient. Therefore it is ordered that the same be established. From which judgment William Crow prayed an appeal to the ___ day of the next General Court, which is granted him on his complying with the law by entering into bond with security in the Clerk's Office of this County in twenty pounds on or before Friday next. Ordered that the court be adjd. till tomorrow morning, 8 o'clock. The minutes of these proceedings were signed. John Bowyer At a court continued & held for Botetourt County the 10th day of Sept., 1770 Present: John Bowyer, James Trimble, William Fleming, Phillip Love, Walter Crockett & Anthony Bledsoe, Gent. Alexander McGee & Sissel Andrews, who stand presented by the Grand Jury for unlawfully cohabiting together, they having been duly summoned and not appearing it is considered by the court that they for the said offence severally forfeit and pay to the Church Wards of this Parish five pounds each to the use of the poor of the said Parish & that they pay the costs of this prosecution & may be taken &c. Upon the presentment of the Grand Jury agt. Sisscl Andrews for having a bastard child the same judgment for five hundred pounds of tobacco & costs &c., fifty shillings & costs. Ordered as formerly that John Smith be summoned to appear at the next court to shew cause why his children should not be bound out. Andrew Hatfield, Plff. ) vs. ) In Case Richard Cally, Deft. ) This day came the plff. by his attorney and thereupon a jury, towit: John Hanna, James Bainbridge, Mathias Yoakum, David Smith, Josiah Ramsey, Richard McGee, William Maxwell, James Allason, Halbert Allason, James Davis, Nicholas Gentry, & John Robinson being sworn diligently to enquire of damages in this suit upon their oaths do say that the plff. hath not obtained any damages by the occasion in the declaration mentioned. Therefore it is considered by the court that the plff. take nothing by his bill, but for his false clamour be in mercy &c. and that the sd. deft, go hence thereof without day & recover agst. the said plff. his costs by him about his defence in this behalf expended. On the complaint of King, an orphan child of ____ King, decd., against Andrew Donally, his master for ill treatment, it is ord. that the sd. Andrew be summoned to appear at the next court to answer the said complaint. William Hind, Plff. ) vs. ) In Case Nicholas Larrance, Deft ) This day came the parties by their attornies and thereupon came also a jury, towit: George Burdwcll, Rees Bowen, William Bowen, John Potts, John Potts, Junr., Robert Campbell, Thomas Baker. Thomas McForran, William Stewart, Abraham McClelan, John Caldwell & James Hanley rctd. verdt. for plff. for five pounds and his costs. Judgt. accdgly. John Kelly, Plff. ) vs. ) In Trespass-Assault & Battery John Williams & Samuel Montgomery, Dfts ) This day came the parties by their attornies, & thereupon came also a jury, towit: John Hanna, James Bainbridge, Matthew Yoakum &c., being same jury as in case of Andrew Hatfield vs. Richard Cally retd. verdt. that defts. were guilty and assessed the plff.'s damages at twelve pounds, besides his costs. Judgt. accdgly. William Stewart being summoned to attend this court as a juryman and being solemnly called came not, whereupon it is considered by the court that he make his fine with our Lord the King by the payment of three hundred & fifty pounds tobacco to his Majesty's use & that he pay the costs of this order & may be taken &c. Hugh Allen, Plff. ) vs. ) In Case Moses Cavet, Deft ) Jury sworn, towit: Rees Bowen, George Burdwell, William Bowen, John Potts, John Potts, Junr., Robert Campbell, Thomas Baker, Thomas McFerran, William McClenachan, Abraham McClellan, John Caldwell and James Hanley retd. verdt. for plff. for twenty three pounds, besides his costs. Judgt. accdgly. James Bainbridge, Plff. ) vs. ) In Case Henry Francis, Deft. ) This day came the parties by their attornies and thereupon came also a jury, towit: John Hanna, Matthias Yoakum, David Smith, Josiah Ramsay, Richard McGee, William Maxwell, James Allason, Samuel McRoberts, Herbert Allason, James Davis, Nicholas Gentry and John Robinson, who being elected, tried and sworn the truth to speak upon the issue joined upon their oath do say that the deft, is guilty in manner & form as the plflf. agt. him hath complained, and they do assess the plff.'s damages by occasion thereof to , besides his costs. And on the motion of the deft. the verdict aforesaid is set aside & a new trial granted him, he paying the costs of this trial. Ord. that the court be adjd. till tomorrow morning, 8 o'clock. The minutes of those proceedings were signed. John Bowyer At a court continued & held for Botetourt County the 11th day of October, 1770. Present: Robert Brackenridge, John Bowyer, William Fleming, Philip Love, William Christian and Francis Smith, Gent. Justices. Arthur Woods is discharged from acting as a Deputy Sheriff to Richard Woods for this County for the future. Lanty Armstrong is appointed Surveyor of the road from Eleven Miles Creek to Spring Creek & ordered that he cause the same to be cleared & kept in good repair. Thomas Ramsay is appointed Surveyor of the road from Spring Creek to the forks of the roads that leads to the Islands and ordered that he cause the same to be cleared and kept in good repair. Israel Christian, Plff. ) vs. )In Case Samuel Woods, Deft. ) This day came the plff. by his attorney & thereupon a jury towit: James McCorkle, William McAfearson, Francis Gutherie, Benjamin Davis, Dennis, Getty, William Anderson, Nathaniel Evans, Robert Shannon, James Hutchison, James Cloyd, Joseph Dennis, & James Burton being sworn diligently to enquire of damages in this suit, upon their oath do say that the plff. hath sustained damages by occasion of the non-performance of the assumption in the declaration mentioned to nine pounds and ten pence, three farthings, besides his costs. Judgt. accdgly. A valuation of the improvements on 116 acres of land the property of Andrew Lewis on Roan Oak River being returned is ord. to be recorded. ) In Ejectment for five hundred Aminadal Seekright, Plff. ) & thirty five acres of land Versus ) with the appurtenances in William Purvians, Deft, ) this County of the demise of ) William Cahoon. This day came the parties by their attornies Lessor of the plaintiff being ruled to give security for costs Thomas McCadison and Luke Bowyer entered themselves securities for the lessor aforesaid that in case the plff. should be called in this suit he the lessor aforesaid should pay all such costs, damages & charges as should by occasion thereof be awarded against him by the court, and thereupon came also a jury, towit: Malcom Allen, Hugh Allen, David Galloway, Josiah Ramsay, Thomas McFerran, James Mitchell, David Mitchell, James Lidderdale, Rees Bowen, John McRoberts, John McClure, & James Allison. Jury retd. verdt. that deft, is guilty of the trespass & ejectment mentioned, and assessed plff.'s damages at one penny, besides his costs. Judgt. accdgly. Whereupon the plaintiff prayed the writ of our Lord the King to the Sheriff of this County to be directed to cause him to have possession of his term yet to come of and in the premises and to him is granted, returnable here &c. Stoval Kettering is appointed Surveyor of the Road from the forks of Reed Creek to the South Fork of the same and ord. that the tithables in that Precinct attend him & that he cause the sd. road to be cleared & kept in good repair. Ordered that the Surveyor of this County by the direction of Robert Brackenridge, William Christian, Stephen Trigg & Francis Smith or any three of them lay off and alter the prison bounds in such manner as to include a spring and make report thereof to the court. Ord. that the court be adjd. till tomorrow morning, 8 o'clock. The minutes of these proceedings were signed. John Bowyer At a court contd. & held for Botetourt County the 12th day of October, 1770. Present: Israel Christian, Philip Love, John Montgomery, Walter Crocket & Andrew Woods, Gentlemen Justices. The petition of Daniel Evans & Mary, his wife, vs. John Summers, Executors &c. of Henry Kirkham, decd., is dismissed. And it is ordered that the plff. pay unto the defts. their costs. Ord. that the court be adjd. till the next court in course. The minutes of these proceedings were signed. Is. Christian Additional Comments: Extracted from: Annals of Southwest Virginia 1769-1800 BY LEWIS PRESTON SUMMERS Member of American Historical Association, Virginia Historical Society; Alumnus University of Virginia and Tulane University (Louisiana); Member American Bar Association, Virginia State Bar Association Author of HISTORY OF SOUTHWEST VIRGINIA 1740-1786 WASHINGTON COUNTY VIRGINIA 1777-1870 PUBLISHED BY LEWIS PRESTON SUMMERS ABINGDON, VIRGINIA 1929 COPYRIGHT, 1929, BY LEWIS PRESTON SUMMERS MANUFACTURED COMPLETE BY THE KINGSPORT PRESS KINGSPORT, TENNESSEE United States of America File at: http://files.usgwarchives.net/va/botetourt/court/minutes23gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 12.9 Kb