Botetourt County Virginia USGenWeb Archives Court.....Minutes, County Court April 1774 ************************************************ 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, 2:11 pm Source: Annals Of S W Virginia Written: April 1774 At a court held for Botetourt County the 12th of April, 1774. Present. James Trimble, William Fleming, Philip Love & John Robinson, Gent. Justices. Ordered that John Robinson, Samuel Willson and David Robinson (Mete Wright), having been first sworn, do view and report to the court the conveniences & inconveniences that would attend a road from Jacob Brown's old place down the North Fork to Isaac Taylor's. James Rentfroe Plff. ) agst. ) In Case John Vanbebber Deft. ) This day came the parties &o. & also a jury, towit: Hugh McNeelly, James Simpson, Samuel McFarran, Samuel Leferee, Jacob Cleek, Thomas Welsh, Matthew Hair, John Ritchie, George Sallie, John Ross, William Medding and Nathaniel Evans. Plff. called but not present, was non-suited. Judgt. accdgly. Hugh Beard is appointed Surveyor of the Road from the Red Hill to the County line on the Cow Pasture River, in the room of Berten Shaver, who is discharged from that office. Nancy Gardiner, a bastard child of Mary Rourck, a servant of James Laurence, to be bound by the church wardens according to law to the said James Laurence. Ord. that David Jones, a servant of Hugh Allen, serve his said Master eighteen months after the time of his present indenture to reimburse him for charges and for time lost when he was run away. Ord. that the court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by James Trimble At a court continued and held for Botetourt County the 15th day of April, 1774. Present. James Trimble, William Fleming, Wm. McKee, John Bowman, John Robinson & Philip Love, Gent. Justices. John Robinson, Gentleman, is apptd. Overseer of the Road from Peter Wright's to the Sweet Springs jointly with Robert Armstrong, in the room of said Peter Wright. James Burnsides and Priscilla his wife, Plffs. ) agst. ) In Case Archibald Handley, Deft. ) This day came the parties &c. & also a jury, towit: Moses Collier, Wm. Medding, Jacob Bruckfield, Cornelius Reddick, Andrew Alder, Mathias Youkum, Francis Seed, William White, Malcom Allen, Wm. Skillson, James Elliot & Joseph Lynn, who retd. a verdt. awarding plff. one penny damages for speaking slanderous and refamatory words against the plff. Judgt. accdgly. Daniel Blair, James Logan and William Neelly came into court and acknd. themselves indebted to our Sovereign Lord King George the Third by the Grace of God of Great Britain, France and Ireland, and the said Daniel in sixteen pounds and the said James and William in eight pounds each of their respective goods and chattels, lands & tenements to be levied and to our said Lord the King rendered; but on condition that the said David Blair shall be of good behaviour towards all his Majesty's liege people for and during the term of twelve months and more especially towards William White, then this recognizance to be void. On the motion of William Madison in behalf of the inhabitants of the South Fork of Roan Oak to exempt them from working on the Dent's Air Road. Motion overruled because it appears that the same had been made & overruled yesterday. Allen Gulleford was apptd, a Constable in the room of Cornelius Riddick, who is dischd. from that office. A writing presented in court as & for the last will & testament of Patrick Willson, and by William Willson, the Executor therein named, and was proved by the oaths of Geo. and Rachel Poage, and to be recorded, and certificate is granted the said Executor, who made oath & entered into bond with George Poage & Jonathan Wood, his securities, in the penal sum of five hundred pounds according to law for obtaining a probate thereof in due form. Ord. that James McAfee (J. R.), William Craig and William Tincher, being first sworn, do appraise in current money the slaves, if any, and personal estate of Patrick Willson, and make report of the same to the court. George Salley Plff. ) agst. ) In Case Joseph Scott Deft. ) This day came the parties &c. & also a jury, towit: James Barten, James Cloyd, George Poage, Joseph Scoop, Peter Vanbebber, William Campbell, James Leatherdale, Samuel Miller, John Nowland, Andrew McNeilly, John Summers and Joseph Ward, who retd. a verdict in favor of the plff. (this is evidently erroneous). Therefore it is considered by the court that the plaintiff take nothing by his bill, but for his false clamour be in mercy &c. And the said defendant shall go hence without day and recover against the plaintiff his costs by him about his defence in this behalf expended. Samuel Barton Plff. ) agst. ) Mathias Youkum Deft. ) This day came the parties &c. & also a jury, towit: John McMullin, Peter Wright, Joseph Scott, Joseph Henderson, Wm. Thompson, John Wills, Peter Brannon, Abraham Miller, Joseph Pryor, James Estill, James Cloyd and Thomas Carpenter, who retd. verdt. for plff. for seventeen pounds, thirteen (missing word) and eight pence, besides his costs. Judgt. accdgly. John Beard, William McClelon & Bedford fines are set aside. Hugh Willson, Samuel McClenachan and George Patterson fines are also set aside. Michael Tumey, James Hill, John Boyd, Robert Elliott are fined according to law for not appearing to serve as jurymen. John Bowman is apptd. a guardian to James Tosh. Bond entd. into in the sum of two hundred pounds, with Mathias Yoakum his security. William Donald, Junr. & Company Plffs. ) agst. ) In Case Henry Yoakum Deft. ) This day came the parties &c. & also a jury, towit: Wm. McClelan, John Porter, Malcom Allen, John Runnion, Moses Collier, Andrew Elder, William Medding, John Fitzpatrick, James Elliott, Joseph Williams, Jacob Barckfield & William White, who retd. a verdt. awarding plff. damages of six pounds, ten shillings & six pence, farthing. Judgt. accdgly. William Christian Plff. ) agst. ) In Debt James Cloyd Deft. ) This day came the parties &c. & also a jury, towit: James Cloyd, Wm. Campbell, James Burton, James Leatherdale, Peter Vanbebber, John Summers, Jacob Parsinger, Joseph Ward, Joseph Swoop, Andrew McNeelly, John Newland and Samuel Woods, who retd. a verdt. in favor of the plff. Judgt. for eleven pounds, eleven shillings and one penny, and costs to be paid by the deft. But the judgt. is to be dischd. by the payment of one pound & six pence with int. from first day of April, 1771 till paid and his costs. Peter Hunter, Assee. of James Buford Plff. ) agst. ) In Debt Jnmes Lcatherdale, Senr. Deft. ) This day came the parties &c. & also a jury, towit: Archibald Hanley, James Hanley, Andrew Armstrong, Samuel Crawford, Samuel Walker, William Crow, Andrew Neelly, John Robinson, Wm. Medding, James Burnsides, John Evans and John Miller, retd. verdt. awarding damages to plff. Judgt. for thirty six pounds, besides his costs, but judgt. to be discharged by the payment of eighteen pounds with int. from the 10th day of June, 1773 till paid by the deft, and costs to be pd. by deft. John Rohmin Plff. ) agst. ) In Debt James Handley Deft. ) This day came the parties &c. & also a jury, towit: John Hannah, Peter Wright, Robert Elliott, John Miller, Robert Ewing, Saml. Crawford, John Summers, Andrew Neelly, John Willis, Wm. Medding, Joseph Scott and John McMulling, who retd. a verdt. for the plff. Judgt. accdgly. awarding damages of eleven pounds and six pence, besides his costs. Ord. that tho court be adjd. till tomorrow morning, six o'clock. The minutes of these proceedings were signed by James Trimble At a court continued & held for Botetourt County the 14th of April, 1774. Present. James Trimble, William Fleming, Geo. Skillern, Benjamin Estill, William McKee, John Bowman and Philip Love, Gent. Justices. Samuel Lewis on Roan Oak, Richard May on Tinker's Creek, Patrick Lockhart at tho courthouse, Wm. Madison near the County line of Fincastle, Wm. McClenachan, Mason's Creek, John Murray in the forks of James River, James Henderson on Indian Creek, Andrew Donnally on Greenbrier are recommended to his Excellency the Governor as fit persons to serve as Magistrates for this County. David Robinson and Wm. Madison are appointed Trustees to lie the clearing and repairing the road as they shall direct from Vause to the top of the mountain to the lowest bidder. Provided the sum for which it shall be undertaken shall not exceed fifteen pounds. Provided also that the Court of Fincastle will allow the same sum for the same purpose. The Sheriff protests against the sufficiency of the prison of this County. Gabriel Smithers Plff. ) agst. ) In Case Edward Willson Deft. ) This day came the parties &c. & thereupon came also a jury, towit: Robert Elliott, John Alderson, Moses Collier, Wm. Medding, Allen Gulliford, Joseph Ward, Hugh McNeell, Isaiah Vansant, Peter Vanbebber, Simion Alderson, Samuel Woods and Joseph Haynes, who retd. a verdt. in favor of the deft. Judgt. accdgly. Ord. that the Sheriff summon twenty four of the most capable freeholders in his bailiwick to appear at the next court to serve as a Grand Jury of Inquest for the body of this County. Ord. that the ct. be adjd. till tomorrow morning, six o'clock.. The minutes of these proceedings were signed by George Skillern At a court continued and held for Botetourt County the 15th of April, 1774. Present. Geo. Skillern, Benjamin Estill, John Bowman & John Robinson, Gent. Justices. Adam Smyth is added to recommendation for Magistrates for this County unanimously. On the motion of James Wood, Gentleman, for a certificate of his probity and good demeanour, he intending to practice as an attorney, ordered that certificate thereof to the examiners be granted him. Ord. that the ct. be adjd. till the court in course. The minutes of those proceedings were signed by George Skilbren 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/minutes45gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 11.6 Kb