Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court March 1773 ************************************************ 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 April 2, 2007, 8:51 pm Source: Annals Of S W Virginia Written: March 1773 At a court held for Botetourt County the 9th day of March, 1773. Present. John Bowyer, Benjamin Hawkins, Robert Drake and John Robinson, Gentlemen. Upon the complaint of Samuel Todd against Win. Dunn, his servant, for insulting & abusing him, the parties were fully heard. Whereupon it is ord. that the sd. Wm. Dunn serve his said Master twelve months after the expiration of the term of his present indenture for sd. offence. Upon the motion of James Willson against Nancy McElroy, his servant, and by agreement of the parties and with the consent of the court, the sd. Nancy is to give up the freedom dues and to pay the sum of twenty shillings to her Master after the indenture shall expire in consideration that he shall maintain her child during her servitude. Upon the complaint of the church wardens against James Wright, parties heard and the court are divided. The church warden agst. John Webb compt. continued at the deft.'s costs. Ord. that this ct. be adjd. till tomorrow morning, eight of the clock. The minutes of these proceedings were signed. John Bowyer At a court continued and held the 10th day of March, 1773. Present: James Robertson, Andw. Woods, James McGavock and Robert Doake, Gentlemen. The former order for reviewing the road from Tosh's Ford to the top of the Bent Mountain and from Bell's Mill to the Bent (missing word) be set aside, and that the persons named therein do view after being sworn & report the conveniences & inconveniences to the next court. Upon a complaint against Israel Christian and Ephraim Dunlop for a breach of the peace, sundry witnesses were sworn and examined and the parties heard in their defence. On consideration of which the court are of opinion that both of the parties shall find two securities each, to be bound in twenty five pounds, and themselves in fifty pounds each, for their good behaviour for the term of twelve month. This court doth appoint Stephen Holston Constable in the room of John Potts, junr., who is dischd. from that office. Ord. that John Bowyer out of the County money in his hands received from Augusta County do pay to James McGavock and the heirs of James McDowell, decd., fifty two pounds, seventeen shillings and four pence, with int. from the first day of August last, but if any error shall hereafter appear in the settlement of the accounts of the said McGavock and McDowell they shall repay whatever may appear to be over paid them. The Church Wardens agst. James Wright reheard, and it is the opinion of the Court that the Defendant is the father of said Bastard Child. Therefore it is considered by the Court that the said James Wright pay to the Church Wardens annually the sum of eight pounds for the maintenance of said child untill the Court shall think proper to bind her out. James Wright and Peter Wright come into court & acknowledge themselves jointly and severally indebted to our Sovereign Lord George the Third by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith &c. in the sum of twenty four pounds of their respective goods, chattels, lands and tenements, to be levied and to our said Lord the King rendered, but upon this condition: that if the said James shall abide by and perform an order of this court directing him to pay to the Church Wardens annually the sum of eight pounds for the maintenance of Jane McMullin alias Wright, a bastard child of Margaret McMullin, of which the court hath adjudged the said James the father, then this recognizance to be void. John Coats Plff. ) agst. ) In Case John Reaburne Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Gilmore, James Leatherdale, James McNeill, John Potts, Patrick Sharkey, Hugh McNeill, James Beates, Uriah Akers, James Ritchey, Thomas Willson, Wm. Robinson, & John Wills, who retd. a verdt. in favor of the plff. for damages of seventeen pounds, nineteen shillings, and eight pence, besides his costs. Judgt. accdgly. Ephraim Dunlop, Wm. Preston and John May come into court and severally ackn. themselves indebted to our Sovereign Lord the King the said Ephraim in fifty pounds and his securities in twenty five pounds each of their respective goods and chattels, lands & tenements &c., to be levied & to our sd. Lord the King rendered, but upon this condition: that if the said Ephraim shall be of good behaviour to all his Majesty's liege people for the term of twelve months then this recognizance to be void. On the motion of John Howard a licence is granted him to keep an ordinary at his house in this County. Bond entered into with Wm. Preston, his secty., conditioned as the law directs. Ordered that John Coats be fined twenty five shillings for insulting witnesses on their examination. Ord. that this ct. be adjd. till tomorrow morning, 8 o'clock. These proceedings were signed. John Bowyer At a court continued and held for Botetourt County the 11th March, 1773. Present: John Bowyer, Wm. McKee, James McGavock, John Robinson, Benja. Hawkins & Robert Breckenridge, Gent. A report of the road from Peter Wright's to Craig's Creek being made and returned, it is ordered that the sd. road be established accordingly, and that Joseph Carpenter be appointed Surveyor thereof, who together with the tithables thereabouts is to open the same and keep it in repair. Upon a motion made by Edwd. Johnston to have a deduction from the bond entered into to the Justices of this County for the publick tobacco belonging to the County, alledging the same was sold to him for Tobacco on York River, whereas it was at Rappahanock, the reasons for and agst. the motion being fully heard, it is ordered that the sd. motion be over Ruled. John Howard Plff. ) agst. ) In Case George Aston Deft. ) This day came the parties by their attornies & thereupon came also a jury towit: Wm. Robinson, Uriah Akers, Hugh McNeill, Andw. Smithers, Jas. Gilmore, Malcom Allen, Wm. Campbell, John Taylor, John Robinson, James McNeill, John Armstrong and Robert Armstrong, who retd. a verdt. in favor of the plff. for four pounds, fifteen shillings and eleven pence. And on the motion of the deft, by his attorney, it is ordered that the plff. be nonsuited, and for his false clamour pay to the deft. his costs by him about his defence in this behalf expended. Wm. McClenachan Plff. ) agst. ) In Case Robert McCurdy Deft. ) This day came the parties by their attornies & thereupon came, also a jury, towit: Thomas Willson, Arthur Herbison, James Green, John Watkins, Thomas Akers, Hugh Allen, Alexr. Buchanan, James Nicholson, Wm. Carlton, John Sproul, John Huston, & James Berry, who retd. a verdt, in favor of the plff. for seven pounds and eight shillings. Judgt. accdgly. & costs. Wm. Robinson Plff. ) agst. ) In Case John Sproul and Wife Defts. ) This day came the parties by their attornies & thereupon came also a jury, towit: Wm. Carlton, Alexr. Buchanan, James Nicholson, Arthur Herbison, James Green, Thomas Akers, Charles Gatliff, John Robinson, Hugh McNeill, James Berry, Joseph Snodgrass and John Witkins, who retd. a verdt. in favor of the plff. for forty shillings & one penny. Judgt. accdgly. & costs. William Hungate is apptd. Constable in the room of Matthew Scott, who is discharged from that office. At the trial of the cause Robinson agst. Sproul and wife the deft, offered witnesses to prove facts agst. the plff. in mitigation of damages, but the plff. objected thereto, and the plff. not having notice at the joining the issue of any special matter to be proved agst. him, the court rejected his witnesses & would not suffer them to be examined. The deft, then offered to examine the witnesses as to the plff.'s general character, but was not allowed to examine them thereupon. This court doth appoint James Alexander Constable in the room of Wm. Terry, who is dischd. from that office. Wm. Cox Plff. ) agst. ) In Trespass-Assault & Battery Joseph Scott Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Robert Armstrong, Alexr. Buchanan, John Robinson, Thos. Akers, Charles Gatliff, Arthur Herbison, James Nicholson, Wm. Carlton, Jas. Berry, Hugh McNeill, Joseph Snodgrass and Thos. Willson, who retd. a verdt. in favor of the plff. for nine pounds. Judgt. accdgly. & costs. Ord. that this court be adjd. till tomorrow morning, eight o'clock. The minutes of these proceedings were signed. John Bowyer At a court continued and held for Botetourt County the 12th March, 1773. Present. Robert Breckenridge, John Bowyer, Wm. McKee, and Andw. Woods, Gentlemen. James Buchanan Plff. ) agst. ) In Case Edward Gill Deft. ) This day came the plff. by his attorney and a jury was sworn to enquire of damages, towit: Edmund Winston, Charles Rose, Daniel Montgomery, Patrick Lockhart, James Gilmore, James Edmundson, Malcom Allen, Geo. Aston, Caleb Worley, John Potts, John Robinson, and James Templeton, who retd. a verdt. in favor of the plff. for five pounds, nineteen shillings and eight pence, besides his costs. Judgt. accdgly. James Greenlee Plff. ) agst. ) James Ritchey and ) In Debt Wm. Simpson Defts ) This day came the parties by their attornies & thereupon came also a jury, towit: John Floyd, David May, James Cain, George Patterson, William Wills, John McRoberts, Philip Watkins, John Stewart, James Scott, Charles Gatliff, James Allcock & John Howard, who retd. a verdt. in favor of the plff. Judgt. accdgly and damages of fifty pounds & costs. Patrick McConnell Plff. ) agst. ) In Case Wm. Foster Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Gillis, Edward Springer, Edward Cowin, Geo. Patterson, John Todd, Wm. Crow, Alexr. Hanlcy, John Robinson, John Potts, Jas. Berry, James Allcorn and David May, retd. a verdt. that deft. is not guilty. And thereupon the plff. was called but came not. Therefore it is considered by the court that the plff. be nonsuited and pay to the deft, five shillings & his costs. Elizabeth Leatherdale Plff. ) agst. ) In Case John Mills, Junr. Deft. ) A certain award between the parties being made and returned in the following words, towit: In pursuance of an order to us directed we the subscribed have this 16th day of February, 1773 heard the parties and examined the witnesses on both sides. On consideration whereof we are of opinion that the deft. is guilty of a breach of a promise made to the plff. Wherefore we do unanimously award and determine that the plff. shall recover of the deft, twenty five pounds and costs. Given under our hands this day and date above mentioned. Wm. Preston, Richard May, John Armstrong, Pat. Lockhart, Thos. Bowyer, John May. Whereupon, it is considered that the plff. recover the said sum of twenty five pounds and the costs &c. Rebecca Woods, Plff. ) agst. ) In Case John Mills, Junr. Deft. ) A certain award being made and returned between the parties in the following words, towit: In pursuance of an order to us directed we the subscribers have this 16th day of February, 1773, after hearing the parties and examining sundry witnesses on both sides, do find that the defendant is guilty of a breach of a marriage contract with the plff., whose character appeared to be unblemished till the deft, seduced her. Whereupon we do unanimously award and determine that the plff. shall recover agst. the deft, the sum of one hundred pounds and costs. Given under our hands tho clay and year above written. Wm. Preston, Richard May, John Armstrong, Patrick Lockhart, Thos. Bowyer, John May. Whereupon it is considered that the plff. recover her damages aforesaid & costs. Ord. that this court be adjd. till tomorrow morning, 8 o'clock. The minutes of those proceedings were signed. John Bowyer At a court continued and held for Botetourt County the 13th day of March, 1773. Present. Robert Brenckenridge [sic], Andw. Woods, Philip Love and Benjamin Hawkins, Gentlemen. This court doth appoint Robert Burdwell Surveyor of the Road from Smallwood's plantation to Rowland's Road and the tithables between Smallwood's and Rowland's plan, to attend him, and Wm. Crow is hereby discharged from that office. This court doth appoint Cornelius Riddick Constable in the room of Robert McNeelly, who is dischd. from that office. Ord. that this court be adjd. till 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/minutes37gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 14.3 Kb