Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court March 1771 ************************************************ 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, 5:27 pm Source: Annals Of S W Virginia Written: March 1771 At a Court held for Botetourt County the 12th day of March, 1771. Present: Robert Breckenridge, Benjamin Hawkins, Francis Smith & Andrew Woods, Gentlemen Justices. The complaint of John Aylett agst. James McDowell for a breach of the peace. On hearing the parties are dismissed. James Hind proved two certificates according to law, one for two gross hundreds, two quarters and twelve pounds, and the other for three hundred and eighty pounds of hemp made on his plantation in this County, which is ordered to be certified. Samuel Garwood proved a certificate for six hundred and thirty one pounds. William Beats do. six hundred pounds. William Ritchey do. seven hundred and twenty eight pounds of hemp made on their respective plantations in this County, which are ordered to be certified. James McCollister is appointed Constable in the room of John Young & ordered that he sworn into that office. Michael Price is appointed Constable in the room of Abraham Chrisman & ord. that he be sworn into office. John Patterson is appointed Constable in the room of John McRoberts & ord. that he be sworn into office. William Bell is appointed Constable in the room of Jeremiah Doutten & ord. that he be sworn into office. Richard Chapman is appointed Constable in the room of Frederick Edwards and ord. that he be sworn into office. John McKenzie is exempted from the payment of levies. David McCoy produced a commission from Mr. Secretary H. J. N. appointing him Deputy Clerk of this Court, and thereupon he took the usual oaths to His Majesty's Person & Government, subscribed the abjuration oath and repeated & subscribed the test, and was sworn Deputy Clerk of this Court. Francis Smith produced a commission from the President & Masters of the College appointing him Deputy Surveyor of this County, and thereupon he took the usual oaths to His Majesty's Person & Government, subscribed the abjuration oath, & repeated & subscribed the test, & having vien bond & security according to law was sworn Deputy Surveyor of this County. John McClure produced & made oath to his account agst. James Maletself, his servant, who being brought before the Court for running away, it is therefore ordered that the said James serve his said Master one hundred forty two days after his other time of servitude shall be expired as a compensation for his trouble & expences in retaking him and for his time of absence. The presentment of the Grand Jury agst. Elizabeth Snodgrass is dismissed. The same agst. Mary Welch is dismissed. The information of the church wardens agst. John Smith is dismissed. Upon the presentment of the Grand Jury agst. Richard Riley & Mary Ann Whitaker, & the information agst. Andrew Donally, the former summons not being served, ordered that new summons issue agst, them, returnable to the next court. Robert Kirkham proved a certificate accdg. to law for eleven hundred and thirty seven pounds of hemp made on his plantation in this County, which is ord. to be certfd. The presentment of the Grand Jury agst. James Snodgrass is dismissed. Ord. that the court be adjd. till tomorrow morning, 8 o'clock. The minutes of these proceedings were signed. Andw. Lewis At a court continued & held for Botetourt County the 13th day of March, 1771. Present: Andrew Lewis, Robert Breckenridge, Benjamin Hawkins & John Maxwell, Gent. Justices. Ordered that a licence be granted to Edward Kenny to keep an ordinary at his house in this County for a year now next ensuing, he having complied with what the law in this case requires. Conrad Wall proved a certificate for four hundred and seventy five pounds of hemp accdg. to law, which is ord. to be certfd. Upon the complaint of Arthur Campbell agst. Arthur Calbraith for a broach of the peace, the parties being heard it is ord. that the sd. Arthur Calbraith give security for his good behaviour for a year & day now next ensuing. Arthur Calbraith, James Dewis & Peter Willey came into court & acknd. themselves severally indebted to our Sovereign Lord George the third, now King of Great Britain, & in the sums following, viz.: The said Arthur Calbraith in the sum of one hundred pounds and the said James Dewis & Peter Willey in the sum of fifty pounds each of their respective goods and chattels, lands and tenements, to be levied, and to our said Lord the King, his heirs & successors, rendered. Yet upon this condition that if the said Arthur Calbraith shall be of good behavior towards our said Lord the King and all His Majesty's liege people, particularly the said Arthur Campbell, for a year & a day now next ensuing, then this recognizance to be void, else to remain in full force. The former order not being complied with, it is ordered that George Poage, Samuel Lawrence, James Robinson, James Cloyd & James Gilmore, or any three of them, being first sworn, view the way by Michael Kirkham's to the Pedlar Ford on James River and make report of the conveniences & inconveniences thereof to the next court. And the former order on this occasion is set aside. William King is appointed Constable in the room of Robert Davis, Jacob Young in the room of Stephen Jordan, and John Lester in the room of William Pruett, & ord. that they be sworn into their respective offices aforesaid. Richard Higgan is appointed Surveyor of the Road with Arthur Campbell from Seven-Mile Ford on Holston to Stalnaker's, & ord. that they cause the same to be cleared & kept in good repair. Francis Dougherty is appointed Constable in the room of Samuel Wilson, who is disblmrged from that office, and ord. that he be sworn into said office. Ord. that John Armstrong, Bryant McDonald, & James McAfee, Junr., being first sworn, view the way from the lower Ford of Cuttawba round the Big Hill to Garret's Spring, and make report of the conveniences & inconveniences thereof to the court. And the former order for this purpose is set aside. Martin Staley fined fifty pounds for his contempt of the laws of the Country in opposing and abusing Jas. McGavock, Sheriff, in the excon. of his office and to find two securities for his good behaviour in the sum of fifty pounds each & to be bound himself in one hundred pounds for twelve months & a day, and it is ord. that the Sheriff take him into custody until he complies with this order. Ord. that John King be fined five pounds for his contempt of the laws of the Country in opposing & abusing Jas. Mc-Gavock in the excon. of his office, & that he and William King find two securities for each of them to be bound themselves in forty pounds and the said securities every of them in twenty pounds, to be of good behaviour for twelve months and a day, & that the Sheriff take them into custody till they find the security aforesaid, and also that he retain the said John until he pay the fine. Adam Wallace proved for Peter Wallace a certificate for fourteen hundred weight of hemp, which is ord. to be certfd. Ordered that Luke Bowyer be paid 4000 lbs. tobacco at a penny a pound out of the money arising from the sale of the lots for his salary as King's Atto. for this County for the year 1770. Geo. Skillern provd. a certif. for six thousand five hundred weight of hemp, which is ord. to be certfd. Ord. that George Skillern & Caleb Worley be apptd. Surveyors of the Road in the room of John McClure, who is dischd. from that office. John Kelley Plff. ) vs. ) In Case Arthur Campbell, Deft. ) This day came the parties by their attorneys, & thereupon came also a jury, towit: William McBride, Moses Collier, Robert Bowen, Reese Bowen, Henry Paulin, John Hanna, Thomas Rowland, William Rowland, Nathaniel Evans, Hugh Bartley, William Hall and John Jackson retd. verdict that deft, is not guilty. Judgt. accdgly. & that deft, recover of the plff. his costs by him about his defence in this behalf expended. Ordered that the same tithables who wrought under Thomas McFarren before this County was taken off of Augusta do attend him & work on the road of which he is now Surveyor. William King & Arthur Campbell and John Neely, son of John, his securities, k John King & the same securities, & appeared4 in court and acknowledged themselves indebted to our Sovereign Lord the King, the said William in the sum of forty pounds and his said securities in twenty pounds each, the said John in forty pounds, & his said securities in twenty pounds each of their respective goods and chattels, lands and tenements, to he levied to our said Lord the King tendered. But upon this condition: that the said John King and William King shall be of good behaviour to all his said Majesty's liege people for the term of one year and a day. Samuel Walker proved a certificate for eight hundred weight of hemp & three quarters, which is ord. to be certfd. This court doth appoint William Walker surveyor of the road in room of Henry Paulin, who is now discd. from that office. Absalom Loonecy & Amos Potts being sworn to view and report to the court the nearest and best way from Dennis Gettys on Sinking Creek to William Caldwell's Mill, & James McAfee, Junr., & Ludwith Francisco are hereby appointed surveyors thereof, & the usual tithables to attend him and work thereon. Bartholomew Fowler, a servant of James Wilson, comes into court and with the approbation of the said court agrees to serve his said Master one year after the expiration of the term of the former indenture, which is ord. to be recorded. William Preston, Executor of John Buchanan, deceased, proved certificates for two thousand three hundred and twenty seven pounds of hemp, which is ord. to be certfd. Ord. that this court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed. Andrew Lewis At a court held for Botetourt County fourteenth of March, one thousand seven hundred and seventy one. Present: John Bowyer, William Herbert, William Christian and John Montgomery, Gentlemen. Upon complaint against Jacob Jackson for not educating his children in a christianlike manner, said Jackson being heard in his defence it is ordered that the complaint be dismissed. Wm. Moore, Assec. of Neil McGleaster, Plff. ) agst. ) In Debt Nathl. Evans, Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Samuel Walker, Joseph Long, David Scott, George McColester, Hugh McNeal, Alexander McDonald, John Potts, Thomas Wilson, John Calior, Alexander Whitley, John Potts, Junr., & William Mann retd. verdt. that deft, owed plff. the sum of three pounds, three shillings and ten pence. Judgt. accdgly. and for costs, to be paid by deft. William Anderson, Plff. ) Against ) In Debt John Dailey, Deft. ) This day came the parties by their attorneys and thereupon came also a jury, towit: William Robinson, John Jackson, William McBride, John Looney, Malcom Allen, Caleb Worley, Reese Bower, Josiah East, John Wilson, William Curry, James McAfee & John Robinson retd. verdt. that deft, hath not pd. the debt mentioned in the declaration to the plff. Judgt. accdgly. and costs, to be pd. by the deft., but this judgment to be discharged by the payment of fifty pounds, with legal interest thereon from the first of May, 1763 till paid & costs. Ord. that the Sheriff summons four and twenty freeholders to appear here at May Court next to serve as Grand Jury. William Herbert, Plff. ) agst. ) In Case Cissclia Andrews, Deft. ) This day came the parties by their attornies and thereupon came also a jury, towit: William McBride, James Hutchison, John Potts, Arthur Campbell, Alexander McDonald, Josiah Vinsent, Hugh McNeal, John Collier, Thomas Arnet, John Jackson, Alexander Wilby, & John Looney retd. verdict that plff. do recover against deft. three hundred pounds, besides his costs. Judgt. accdly. John Robinson produced a commission from his Excellency the Governor appointing him Captain of the Militia of this County, and took the usual oaths to his Majesty's Person & Government, repeated & subscribed the test & also took the oath of a Captain. Thomas Welch, Plff. ) agst. ) - In Case William Daniel. Deft. ) This day came the parties by their attornies. Thereupon came also a jury, towit: Robert Burdwell, James Woods, Samuel McRoberts, William Thompson, Joseph Pryor, David Frame, William Ritchie, Solomon Simpson, John McRoberts, Andrew Smithers, James McKeachy & William McClelan retd. verdict deft, is guilty & assessed damages for plff. by occasion thereof to ____. Upon motion of deft., by his attorney, and it appearing to the court that the jury had brought verdict contrary to evidence, therefore it is ordered that a new trial be granted to the deft, on paying the cost of this day's trial. On motion made by Israel Christian, it is ordered William Preston, Robert Breckenridge and Andrew Woods do value the additional five acres of land conveyed by the said Christian to the County for the use thereof and make report thereof to the next court. William Herbert, Plff. ) agst, ) In Case Alexander McKee, Deft. ) This day came the parties by their attornies. Thereupon came also a jury, towit: Malcom Allen, Moses Collier, John Hanna, James McConnel, Paton Allen, Joseph Long, Nathaniel Evans, James Edmundson, Thomas Wilson, Andrew Henry, Amos Potts and James Arbuckle, who retd. verdt. for plff., eight pounds, twelve shillings and nine pence half penny. Judgt. accdgly. & costs, to be pd. by deft. Ord. that Joseph Cloyd, Michael Cloyd & John Neeley, Junr., being first sworn, do view the road from Thomas Madison's Mill to Robert Breckenridge's Mill and report the conveniences & inconveniences thereof to the next court. Ord. that this court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed by Andrew Lewis At a court contd. & held for Botetourt County the 15th day of March, 1771. Present: Robert Breckenridge, Isral Christian, John Howard & Stephen Trigg, Gent. Peter Wright, John Robinson and Edward McMullin being sworn to view the way from the said Wright's up Dunlop's Creek to the Sweet Springs and make report thereof to the court. Ord. that this court be adjd. till court in course. The minutes of these proceedings were signed by Robert 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/minutes26gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 16.0 Kb