Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court November 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, 4:26 pm Source: Annals Of S W Virginia Written: November 1770 At a court held for Botetourt County the 13th day of November, 1770. Present. Robert Brackenridge, John Bowyer, Israel Christian & James Trimble, Gentlemen Justices. James McNeil is appointed Surveyor of the Road from the Stone House to Doctor Fleming's, in the room of Joseph Robinson, and ordered that he cause the same to be cleared and kept in good repair. Ephraim Dunlop, Attorney at Law, took the usual oaths to his Majesty's Person & Government and subscribed the abjuration oath, & repeated and subscribed the test. On the motion of Thomas Goodson, leave is granted him to erect a water grist mill on his land on Pine Creek, a branch of Little River, in this County. Hugh Cunnnigham proved a certificate accdg. to law for nine hundred pounds of hemp made on his plantation in this County, which is ord. to be certified. Ord. that a licence be granted to Jacob Kent to keep an ordinary at his house in this County for one year now next ensuing, he having complied with what the law in this case requires. James Hall is appointed Surveyor of the Road from Hugh Cunningham's to Andrew Hall's Ford and ord. that the tithables in that Precinct attend him & that he cause the said road to be cleared & kept in good repair. Ordered that the Sheriff summon twenty four of the most capable freeholders of this County to appear before the court now sitting to serve as a Grand Jury of Inquest for the body of this County. John Neilly, foreman, Joseph Looney, Stephen Rentfro, John Collier, Edward Springer, James Bean, George McAfee, John Taylor, Samuel Lawrence, James Bryant, James McCowan, John Looney, David Smith, William Campbell, John Walker, David Cloyd & Isaac Taylor were sworn a Grand Jury of Inquest for the body of this County, & having received their charge withdrew & after sometime returned & presented Mary Welch for having a bastard child. John Lynch for keeping Mary Boyles unlawfully. The Surveyors of the road from William Robertson's to the head of Cuttawba, the Surveyor of the road from Doctor Neely's to the court house for not keeping the said roads in repair. And then the said Grand Jury having nothing further to present were discharged. Ord. that the court be adjd. till tomorrow morning, 7 o'clock. The minutes of these proceedings were signed. Robt. Breckenridge At a court continued and held for Botetourt County the 14th day of November, 1770. Present. John Bowyer, Israel Christian, James Tremble, & Benjamin Hawkins, Gentlemen Justices. A report of George Poage . . . Samuel Lawrence and James Robinson for opening a road being returned, it is ordered the same to be established accordingly & James Young and James Cloyd Miller are appointed Surveyors of the said road, and it is further ordered that all the tithnbles within five miles on both sides thereof do attend the said Surveyors qnd thqt they cause their respective parts of the said road to be cleared & kept in good repair. Ordered that the Church Wardens bind out John Shneido, a poor boy apprentice, to George Campbell accdg. to law. Joseph McDonald proved a certificate accdg. to law for eight hundred and ninety pounds of hemp made on his plantation in this County, which is ord. to be certd. John Maxwell, one of the Gentlemen named in the Commission of the Peace & of Oyer & Terminer for this County took the usual oaths to his Majesty's Person & Govt., subscribed the abjuration oath, & repeated & subscribed the test, and also took the oath of a Justice of the Peace of the County Court in Chancery and of Oyer & Terminer. James Cowden, Plff ) vs. ) In Case James Arbuckle, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Malcolm Allen, Alexander McDonald, James Hutchison, Joseph Cain, Rees Bowen, John Potts, John McClure, James Smith, John Hewit, Arthur Bowen, William Thompson & Roger Topp, who being elected, tried & sworn the truth to speak upon the issue joined, upon their oath do say that the deft, did assume upon himself in manner & form as the plff. against him hath declared & they do assess the plff.'s damages by occasion of the non-performance of that assumption to six pounds, fifteen shillings, besides his costs. Therefore it is considered by the Court that the plff. recover agst. the said deft. his damages aforesaid in form aforesaid assessed and his costs by him in this behalf expended. And the said deft, in mercy &c. John Stewart, Plff ) vs. ) In Trespass Samuel McRobcrts, Deft ) This day came the parties by their attornies & thereupon came also a jury, towit: Walter Stewart, Thomas Stockton, Cornelius Riddick, Hugh Allen, Patrick Sherkey, Samuel Wallace, Abraham Brown, Moses Collier, Henry Switzer, James Snodgrass, James McKeachey & Charles Brown red. verdt, for the plff. for twenty five shillings. Judgt. accdgly. James McDonald proved a certificate accdg. to law for three gross hundred one quarter & twenty seven pounds of hemp made on his plantation in this County, which is ord. to be certd. James Hinds, Plff ) vs. ) In Case William Fleming, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Malcolm Allen, Caleb Worley, John McClure, Alexander McDonald, William Crawford, Samuel Davis, James Baits, John Collier, Rees Bowen, Josiah Huntsman, Archibald Fisher, & John Hanna, who being elected, tried & sworn the truth to speak upon the issue joined, were sent out of Court to consult of their verdict. Ord. that the court be adjd. till tomorrow morning, 7 o'clock. The minutes of these proceedings were signed. Andrew Lewis At a court continued & held for Botetourt County the 15th day of November, 1770. Peter Evans Assignee of Richard Woods, ) Exor, Sheriff of the County of Botetourt, ) Plffs. ) In Debt vs. ) Israel Christian, Stephen Trigg, & ) William Fleming, Dfts. ) This day came the parties by their attornies & thereupon came also a jury, towit: Andrew Hayes, John Willson, Matthew McCollister, William McCanning, John Tillery, Hugh McNeil, Hugh Logan, Henry Larkin, James Gillis, Alexander Armstrong, William Bowcn & Hugh Allen retd. verdt. for plff for sixty two pounds, five shillings & two pence, the debt in the declaration mentioned. Judgt. that the debt be discharged by the payment of twenty nine pounds, eighteen shillings & ton pence, with legal interest thereon from the 17th day of April, 1770 until payment, & costs. From which judgt. and proceedings the defts, prayed an appeal to the next General Court, and having given bond & security according to law their appeal is allowed. Jonathan Smith, Assee, of Dennis McClendin, Plff. ) vs. ) In Debt Arthur Campbell, Doft. ) The following jury, towit: William McPherson, William McCraddock, Thomas Rowland, Hugh Means, James Bailey, John Little, Josiah Vansant, Christopher Bryants, James Rowland, George Patterson, Michael Wood & Hugh McNeil retd. verdict in favor of plff. for debt of forty pounds, to be dischd. by the payment of twenty pounds, with interest the debt aforesaid. Judgt. that verdict be sustained, and same be dischd. by payment of twenty pounds with legal interest thereon from the 13th day of May, 1770 until paymt, & costs. William Graham, Plff. ) vs. ) In Case Reese Bowen, Deft. ) The following jury, towit: Andrew Hayes, John McClure, Michael Woods, Charles Dickenson, James Snodgrass, Thomas Stockden, Hugh Logan, Christian McAllison, John Potts, Archibald Graham, Matthew McCollister & John Collier retd. verdt. that deft, did assume upon himself in manner & form as the plff. agt. him hath declared & they do assess the plff.'s damages by occasion of the non-performance of that assumption to (wherever I leave a blank as shown here, it means that it was just as shown in the book-nothing to write), besides his costs. And on the motion of the plff. a new trial is granted him, he paying the costs of this trial. Thomas Madison is dischd. from acting as Deputy Sheriff of this County. Robert Alexander having taken the usual oaths to His Majesty's Person & Govt., subscribed the abjuration oath & repeated and subscribed the test, was on the motion of Richard Woods, Sheriff of this County, sworn & admitted his under-Sheriff. Ord. that the ct. be adjd. till tomorrow morning, 7 o'clock. The minutes of these proceedings were signed. Andw. Lewis At a court contd. & held for Botetourt County the 16th day of November, 1770. Present: John Bowyer, James Tremble, Francis Smith & William Christian, Gentlemen Justices. Robert Alexander, Plff. ) vs ) In Case William McCraddock & ) Jennet, his wife, Defts. ) The following jury, towit: Malcom Allen, William Bowen, Reese Bowen, Walter Stewart, Thomas McMurphey, Michael Woods, Samuel Lindsey, Joseph Cloyd, John Peery, William Curry, Matthew McCollister & Hugh Allen redtd. verdt. in favor of plff. for ten pounds & his costs. Judgt. accdgly. Ordered that the Sheriff collect from & on account of every tithable person in this County on the western waters thirty nine pounds of tobacco, & from & on account of every such tithable person not on the western waters seventy nine pounds of tobacco, being the County levy for this present year, and pay the same to the several persons to whom it is proportioned or as it shall hereafter be directed by the court. Ord. that the court be adjd. till tomorrow morning, 7 o'clock. The minutes of these proceedings were signed. John Bowyer At a court continued & held for Botetourt County the 17th day of November, 1770. Present: William Preston, John Bowyer, Francis Smith & Stephen Trigg, Gentlemen Justices. Ord. that Israel Christian, John Neely, Senr., & Edward Springer, being first sworn, view & mark a road from the lower end of McNeely's by Colo. Breckenridge's fields leaving the fences on the left hand and passing his house into the Great Road and view the Old Road and make report of the conveniences & inconveniences thereof to the court. Ord. that the court be adjd. till the court in course. The minutes of these proceedings were signed. Robt. Breckenridge 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/minutes24gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 11.9 Kb