Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court September 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, 1:03 am Source: Annals Of S W Virginia Written: September 1773 At a court held for Botetourt County the 14th day of September, 1773. Present: John Maxwell, Geo. Skillern, Andw. Woods & Matthew Arbuckle, Gent. Benjamin Lawson and Charles Simms each produced a licence to practice in the County and other inferior courts as an attorney, whereupon they took the usual oaths to his Majesty's Person & Government, repeated & subscribed the test, and also took the oath of an attorney. This court doth appoint Adam Looney Constable in the room of James Smith, who is discharged from that office. Ord. that Mary Carle serve William Webb, her Master, seven months and three weeks after the expiration of the term of her present indenture to reimburse his expenccs and for loss of time when run away. Ord. that James McCown serve Wm. Crow, his Master, seventeen months and six days over and above the expiration of the term of his present indenture to reimburse him six pounds, five shillings expences and loss of time when run away. Ord. that the Church Wardens of Botetourt Parish bind out James Henry Welch & Flora Jane, orphans, according to law. Ord. that Israel Christian be fined five pounds for his insolence and contempt offered to the court and the King's attorney. Is. Christian Plff. ) agst. ) In Case George Aston Deft. ) This day came the parties by their parties & thereupon came also a jury, towit: John Madison, Junr., Harry Innis, Robert Alexander, Saml. Lewis, Martin Baker, James McAfee, Geo. McAfee, Andw. Boyd, Wm. Kyle, Robert Burdwell, Wm. Walton and John Greenlee, who retd. a verdt. in favor of the plff. for twenty two pounds, eleven shillings and six pence, besides his costs. Judgt. accdgly. and costs. Ord. that the court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by John Maxwell At a court continued & held for Botetourt County the 15th day of September, 1773. Present. John Maxwell, Geo. Skillern, Benjamin Estill and Benjamin Hawkins Gentlemen Ord. that Mary Puck serve James Lawrence, her Master, according to law for having a base born child or pay to her said Master one thousand pounds of tobacco. Ord. that Wm. Crow, John Looney and John Mills Junr. do lay off and allott to Margaret McClain, late Margaret Looney, wife of Peter Looney, decd., her dowery in the lands of which her husband was possessed at the time of his death. Francis Dougherty Plff. ) agst. ) In Case Thomas Barnes Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Wm. Mann, James Lawrence, Samuel Lawrence, James Keachey, Isaiah Vansandt, John Collier, Joseph Looney, Thos. Alsberry, Wm. Robinson, Adam Looney, Saml. Clark & Ezekiel Johnston, who retd. verdt. in favor of the deft. Judgt. accdgly. and that deft, recover of plff. five shillings damages & his costs. Lodowick Francisco Plff. ) agst. ) In Debt. George Francisco Deft. ) This day came the parties by their attorneys & thereupon came also a jury, towit: Saml. Linsay, Matthias Yoakum, David Robinson, John Hanley, Wm. Napier, James McCown, John McRoberts, Thomas Preston, Jacob Sammons, John McCalister, James McClure and Matthew Stinson, who retd. a verdt. in favor of the deft. Judgt. accdgly. and that the deft, recover of the sd. plff. five shillings damages and his costs. Ord. that the Church Wardens of Botetourt Parish do bind out John Robinson, an infant orphan, according to law. This court doth adjudge the said child to be ten years of age. This court doth appoint Hugh Wier Constable in the room of James Hall, who is discharged from that office. Ordered that Christopher Parsinger be fined twenty shillings for his insolence and contempt offered to the court. Alexander McCaul Plff. ) agst. ) In Case Israel Christian Deft. ) This day came the parties by their attornies & thereupon came also a jury, to wit: Thomas Arbuckle, John Ward, Stephen Arnold, John Potts, John Poster, James Young, John Young, James McCown, John Hanley, Christopher Parsinger, Nathan Hall and Adam Looney, who retd. a verdt. in favor of the plff. for forty nine pounds, one shilling & eight pence, besides his costs. Judgt. accdgly. Ross & Hook Plffs ) agst. ) In Debt John Hunt & Wm. McClenachan Defts. ) This day came the parties by their attornies & thereupon came also a jury, towit: Patrick Lockhart, Benjamin Lawson, Robert Alexander, Robert Finley, Adam Looney, Ezekiel Johnston, John McRoberts, Richard Willson, James Hall, Matthew Stevenson, Samuel Jack and Jesse Clark, who retd. a verdt. in favor of the plffs. Judgt. accdgly. for two hundred and forty pounds, besides their costs. But this judgt. is to be discharged by the payment of one hundred and twenty pounds, with legal interest thereon from the 25th day of Deer., 1772 till paid and the costs. Ord. that the Sheriff summon twenty four of the most capable freeholders in his bailiwick to appear here at November Court next to serve as a Grand Jury. A plan of the dividing line between this and the County of Fincastle returned to Court and ordered to be recorded. And it is ordered that the Surveyor thereof be paid for his services according to law. And also that it is the opinion of the court that the Surveyor is worthy of an additional sum of ten pounds, if it should be approved of, at the laying of the next County levy, from which opinion John Bowyer dissents. Ord. that this Court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by John Bowyer At a court continued & held for Botetourt the 16th day of September, 1773. Present. John Maxwell, Geo. Skillern, Benjamin Estill, and Matthew Arbuckle, Gent. This court doth appoint John Clenning Constable, in the room of Archibald Hanley, who is dischd. from that office. This court doth appoint Uriah Humphries Constable, in the room of David Galloway, who is dischd. from that office. Malcom Allen, Assee. of Richard Woods Plff. ) agst. ) In Debt Saml. Lindsay, Judgment Assee of Welch ) & Dickerson Defts. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Madison, Junr., Wm. Mann, John Neelly, John Greenlee, Edward Carvin, John Kincade, Joseph Cooper, Joseph Haines, Joseph Richardson, John Read, James Young and Wm. Frazer, who retd. a verdt. in favor of the plff. Judgt. accdgly., for damages of six pounds, one shilling, besides his costs. From which judgment the deft. prayed an appeal, which is granted him upon his entering unto bond with sufficient security in the Clerk's Office on or before the next court, conditioned as the law directs. Ord. that (for reasons appearing to the court) the fine laid on Christopher Parsinger yesterday be set aside. John Long Plff. ) agst. ) In Case James Hall Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Kincade, John Neelly, John Morrow, John Potts, Joseph Haines, Adam Wallace, Wm. McClelon, Edward Carvin, Hugh Caldwell, Alexr. Walker, Wm. Frazer and John Porter, who retd. a verdt. in favor of the plff. for damages of ten pounds nineteen shillings & two pence, besides his costs. Judgt. accdgly. This court doth appoint Patrick Sharkey Surveyor of the Road in the room of Robert Caldwell, who is dischd. from that office. Patrick Coults, Assee. of John Mann Plff. ) ngst. ) In Debt James Glency Deft ) This day came the parties by their attornies & thereupon came also a jury, towit: Joseph Scott, John Stewart, Jas. Anderson, James Leatherdale, David Cloyd, Stephen Rentfro, John Young, David Little, Wm. Napier, Alexr. Walker, Jesse Clark and Walter Linsay, who retd. verdt. in favor of the deft. Judgt. accdgly. and costs to be paid by the plff. Ord. that Adam Wallis, Edward Springer and Joseph Scott be fined each accdg. to law for not attending this court as jurymen. James Byrnsides Plff. ) angst. ) John Stewart Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: John Murray, John Greenlee, John Neelly, Hugh Caldwell, Wm. Thompson, Wm. Robinson, James Little, Edward Springer, Stephen Rentfroe, Thos. Arbuckle, Charles Cameron and Jno. McRoberts, who retd. a verdt. in favor of the plff. for forty shillings and one penny, besides his costs. Judgt. accdgly. John May & Co. Plffs. ) agst. ) In Case John Webb Deft. ) This day came the plffs. by their attorney & thereupon came also a jury, towit: John McRobert, Joseph Cooper, Wm. Napier, Solomon Simpson, George Burdwell, Jeremiah Seelly, John Porter, Amos Potts, Joseph Looney, Jno. Looney, James Hayes & Matthew Ralston, who retd. a verdt. in favor of the plff. for seven pounds, four shillings, besides his costs. Judgt. accdgly. Ord. that this ct. be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by Geo. Skillern At a court continued and held for Botetourt County the 17th day of September, 1773. Present. John Bowyer, Benja. Hawkins, George Skillern, Benja. Estill, & Matthew Arbuckle, Gentlemen. Joseph Lapsley, Assee. of Wm. McBride, Plff. ) agst. ) In Debt John Cowardan Deft. ) This day came the parties by their attornies and thereupon came also a jury, towit: Thos. Arbuckle, Wm. Lawrence, Jeremiah Seelly, Wm. White, James Glancey, Ezekiel Johnson, Uriah Humphries, Christopher Parsinger, Geo. Francisco, Jacob Parsinger, James Hayes & John Greenlee, who retd. a verdt. in favor of the deft. Judgmt. accdgly. and that deft, recover agst. plff. his damages of five shillings and his costs. The order made yesterday to fine Adam Wallis for reasons appearing to the court is ordered to be set aside. Gabriel Mupin Plff. ) agst. ) In Case Luke Bowyer Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Adam Wallis, Thos. Arbuckle, Saml. Clark, Wm. Lawrence, George Francisco, Wm. Robinson, John Murray, John Greenlee, Isaiah Vansandt, John Porter, Wm. White and George Cammeron, who retd. a verdt. in favor of the plff. for five pounds, nineteen shillings, besides his costs. Judgt. accdgly. and costs to be pd. by the deft. Ord. that Joseph Scott be fined twenty shillings for his contempt offered to the court. Jesse Clark Plff. ) agst. ) In Case John Dailey Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: Richard May, Patrick Lockhart, Wm. White, James Ewing, Wm. Napier, Ezekiel Johnson, James Cleney, John Neelly, Nathan Scott, John Logan, Uriah Humphries and Jacob Salmons, who retd. a verdt. in favor of the plff. for ten pounds, eighteen shillings and seven pence, besides his costs. Judgt. accdgly. The order fining Joseph Scott entered yesterday for reasons appearing to the court is set aside. John Mills, Junr. Plff. ) agst. ) In Case Robert Bowen Deft. ) This day came the parties by their attorneys & thereupon came also a jury, towit: Isaiah Vansandt, Andrew Donally, Wm. Robinson, John Porter, John Madison, John Potts, John Laughlin, Andw. Clark, Jesse Clerk, John Dailey, Geo. Francisco & Jas. Welch, who retd. a verdt. in favor of the plff. for eight pounds, nine shillings and eight pence. Judgt. accdgly. and costs to be recovered by the plff. agst. sd. deft. John Hunt Plff. ) agst. ) In Trespass—Asslt. & Battery for false Impt. Alexr. Baine Deft. ) This day came the parties by their attornies & thereupon came also a jury, towit: the same as Mills agst. Bowen except John Todd and Patrick Sharkey, in the room of John Madison and Andrew Donally, who retd. a verdt. in favor of the deft. Judgt. accdgly. and costs to be paid by the plff. Ord. that Uriah Humphries's ear mark be admitted to record, towit: two smooth crops and a slit in the left ear. John May & Co. Plffs. ) agst. ) In Case Samuel Lawrence, Junr. Deft. ) This day came the plffs. by their attorney and thereupon came also a jury, towit: the same as Clark agst. Dailey except John Madison & John Porter, in the room of Patrick Lockhart and Richard May, who retd. a verdt. in favor of the plff. for thirty three pounds, sixteen shillings and seven pence, three farthings, besides their costs. Judgt. accdgly. Ord. that this ct. be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by Geo. Skillern At a court continued and held for Botetourt County the 10th day of September, 1773. Present. John Bowyer, Geo. Skillern, Andw. Woods, Benjamin Estill and Matthew Arbuckle, Gentlemen. The order entered yesterday to fine Thos. Welch and James Leatherdale is ordered to be set aside. Ord. that this court be adjd. till court in course. The minutes of these proceedings were signed by Geo. Skillern 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/minutes42gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 15.0 Kb