Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court August 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 3, 2007, 12:09 am Source: Annals Of S W Virginia Written: August 1773 At a court held for Botetourt County the 10th day of August, 1773. Present: Robert Breckenridge, James Trimble, Geo. Skillern & John Robinson, Gentlemen. Ordered that the Church Wardens bind out Michl. Higgins to Nathaniel McClure according to law. Ord. that John Bowman and Philip Love divide the tithables who petitioned for the road from the top of the Bent Mountain to Bell's Mill between Joseph Willis and Benjamin Huff thereof, who are hereby to keep the same in good repair. Ord. that Elizabeth Stewart, servant of James Campbell, do serve the said Master according to law for having a base born child after the expiration of the term of her present indenture. John Gabriel Jones produced a licence to practice as an Attorney in the County and other Inferior Courts. Whereupon he took the usual oaths to his Majesty's Person and Government, repeated and subscribed the test, and also the oath of an Attorney. Ord. that Calep Worley be Surveyor of the Road from said Worley's over Timber Ridge to Crow's Road & that he with his own tithables, Saml. McClure's, and John McClure's open & keep the same in repair. Ordered that Israel Christian be fined five pounds for his contempt in making proclamation for adjourning the Court without the order of the Court. Thomas Bowyer, Plff. ) agst. ) In Case Wm. Hutcheson, Junr., Deft. ) This day came the plff. by his Attorney & thereupon came also a jury, towit: Andw. Boyd, Robert McClenachan, Wm. Johnston, John Potts, Junr., Saml. Walker, James Hanley, Samuel Lawrence, John McCalister, Josias Gambell, Matthias Yoakum, John Campbell and David Little, who rctd. a vordt. in favor of the plff. for twelve pounds, four shillings and two pence half penny, besides his costs. Judgt. accdgly. Ord. that this court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by John Maxwell At a court continued and held for Botetourt County the 11th day of August, 1773. Present: John Bowyer, John Maxwell, James Trimble and Wm. McKee, Gentlemen. Richard Adams, Assee. of Israel Christian, Plff. ) agst. ) In Debt Adam Looney, Deft. ) This day came the parties by their attorney & thereupon came also a jury, towit: Wm. Trimble, Wm. David, Wm. Walker, Joseph Long, James Hall, John Hannah, Dawson Wade, John Gabl. Jones, Joseph Willis, Thomas Akers, Saml. Davis, & Wm. Carvin, who retd. verdt. that deft, owes plff. sixty five pounds, besides his costs. Judgt. accdgly. Ord. that Robert Breckenridge, Wm. Fleming & Jno. Neelly, Senr., do view the way proposed by David Wray for altering the road and make report thereof to the court. Arthur Campbell Plff. ) agst. ) In Case Wm. Blackburne Deft. ) This day came the parties by their attornies & thereupon came also a Jury, towit: Saml. Walker, Joseph Looney, Wm. Mann, Joseph Davis, Swain Poulson, Abraham McClelon, Walter Stewart, Edward Cowin, Wm. Campbell, Daniel McNeill, Joseph Rentfroe and Thomas Willson, who retd. a verdt. in favor of the deft. Judgt. accdgly. & costs to be pd. by the plff. Ord. that Andw. Lewis and David Robinson divide and allot the tithables to work on the road from John Madison's to Fort Lewis. Wm. Huggart, Plff. ) agst. ) In Case Ezekiel Johnston, Deft. ) This day came the parties and thereupon came also a jury, towit: Saml. McDowell, John Lyle, John McClenachan, Andw. Armstrong, John Campbell, James Ritchey, Uriah Humphries, James Nowill, Wm. Buford, Wm. Terry, Isaac Spratt and Robert Miller, who retd. a verdt. in favor of the plff. and his damages of five twelve shillings and six pence, besides his costs. Judgt. accdgly. This court doth recommend John Maxwell, James Trimble and Benjamin Hawkins, Gent., to his Excellency the Governor as proper persons to execute the office of Sheriff of this County. John Maxwell and James Trimble had an equal number of votes, which is ordered to be certified. Ord. that this court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed. John Maxwell At a court continued and held for Botetourt County the 12th day of August, 1773. Present: John Maxwell, Philip Love, John Bowman and John Robinson, Gentlemen. On the motion of Wm. Hutcheson, Senr., it is ordered that he be exempted in future from the payment of Parish and County levy on account of his age and infirmity. On the motion of James Alderson a licence is granted him to keep an ordinary at his house, whereupon he entered into & acknd. bond conditioned as the law directs. Ord. that Wm. Hutcheson serve Peter Wright, his Master, twelve months after the expiration of the term of his present indenture to reimburse him three pounds, ten shillings for loss of time and trouble & expence in retaking of him when run away. Ord. that George Burdwell be apptd. Constable in the room of Hugh Allen, who is dischd. from that office. This court doth appoint John Mitchell Constable, in the room of Wm. Lapsley, who is dischd. from that office. Robert Sconce, Plff. ) agst. ) In Trespass Robt. McClenachan, Deft. ) This day came the parties by their attornies and thereupon came also a jury, towit: Saml. McDowell, James Newell, James Templeton, Nathan Scott, John Neelly, Robert Miller, Wm. Trimble, Joseph Moyrs., John Griffeth, James Ritchey, George Cameron and Joseph Willis, who retd. a verdt. in favor of the deft. Judgt. accdgly., costs to be pd. by plff. Ordered that John Bowyer assign the bonds due to him for the sales of publick tobacco due to this County from Edward Johnston and Wm. Preston for one hundred and ninety two pounds, nine shillings and a half penny to Robert Clark in part payment for the publick buildings and that he edorse on the same that no interest is to be paid on the same till Novr. next. Ord. that Thomas Paxton, Alexr. Robinson, Josiah Carter and Josiah Bullock be allowed, the said Thomas two pounds and the others two pounds, eight shillings each for their attendance at this court to value the publick buildings of this County. A valuation of the Court House of this County was returned to court by Josias Bullock, Josiah Carter, Thomas Paxton and Alexander Robinson, amounting to four hundred and thirty five pounds, ten shillings and nine pence and approved of by the Ct. Wm. Mann Plff. ) agst. ) In Case Jeremiah Seely Deft. ) This day came the parties by their attornies and thereupon came also a jury, towit: John Potts, Jas. Ritchey, John Griffeth, John McRoberts, Robert Miller, Joseph Willis, Saml. Lindsay, Wm. Trimble, Abraham McClelon, Joseph Mairs, Robt. McClenachan and Saml. McDowell, who retd. a verdt. that the plff. should recover against the deft, forty shillings and one penny, besides his costs. Judgt. accdgly. Ord. that James Allcorn, George Clark and James Ewing do view the way from Boyd's ferry under the foot of the mountain up Back Creek into a road formerly laid off by Colo. Pat ton to the Stone House and report the conveniences and inconveniences to the court. Ordered that this court be adjd. till tomorrow morning, six of the clock. The minutes of these proceedings were signed by John Maxwell At a court continued & held for Botetourt County the 13th day of August, 1773. Present: John Maxwell, John Bowman, Benjamin Hawkins and Matthew Arbuckle, Gentlemen. On the motion of Robert McClenachan, a licence is granted him to keep an ordinary in the Town of Fincastle, whereupon he entered into and acknd. bond conditioned as the law directs. Samuel Pepper Plff. ) agst. ) In Debt Anthony Bledsoe & Henry Holston, Defts. ) This day came the parties by their attornies and thereupon came also a jury, towit: James Byrnsides, James Cain, Wm. Campbell, Chas. Gatliff, Dawson Wade, Peter Vanbebber, Archibald Tyler, Saml. Newberry, Jonathan Wood, Thos. Skeggs, Shadrack Harriman and James McNutt, who retd. a verdt. in favor of the plff. Judgt. accdgly. and costs to be paid by the defts., damages adjudged to be thirty two pounds, twelve shillings and two pence, but this judgt. to be dischd. by the payment of sixteen pounds, six shillings & two pence, with legal interest thereon from the 15th day of June, 1768 till paid and costs. Wm. Thompson, Wm. Preston, & Silas Hart, ) Exors. of Jas. Patton Plffs. ) agst. ) In Case Frederick Stern Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Leatherdale, James Gilmore, Wm. Bell, D. May, Thos. Posey, John Glenn, Adam Smyth, Robt. Coleman, Michl. Cloyd, James Robinson, John Ross and Pat Lockhart, who retd. a verdt. in favor of the plff. for twenty pounds, fourteen shillings and nine pence, besides his costs. Judgt. accdgly. Ord. that Jonathan Smith be fined ten pounds for his insolence in forceably taking out of the Clerk's Office a writ of subpoena after the same had been lodged in the said office. James Bell Plff. ) agst. ) In Case James Bryants Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: James Byrnsides, Archibald Tyler, Abraham McClelon, Dawson Wade, James McCain, Peter Vanbebber, Michael Cloyd, James Smith, Thos. Skeggs, James McNutt, Wm. Bell & Daniel Goodwin, who retd. a verdt. in favor of the plff. Judgt. accdgly. for five pounds, nine shillings and three pence, with int. thereon from the 10th day of Septr., 1767 till paid & the costs. James Byrnsides Plff. ) agst. ) In Case Felti Cook Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Smith, James Hanley, Thomas Skeggs, Shadarick Harmon, Wm. Napier, Michael Cloyd, Jas. Smith, Abraham McClelon, Wm. Boon, James Gilmore, Wm. Bell & James Robinson, who retd. a verdt. in favor of the plff. for damages of one penny. Judgt. accdgly. and costs to be paid by the deft. Ord. that the order for fining Jonathan Smith be set aside, he having acknowledged his error and made satisfactory concession to the court. Ord. that this court be adjourned till court in course. The minutes of these proceedings were signed by Wm. Fleming 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/minutes41gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 12.0 Kb