Northumberland County Virginia USGenWeb Archives Court.....1762-1766 Pages 1-40, Court Order Book 1762 ************************************************ 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: Bernard Schwartz bs_sfs2@msn.com November 5, 2010, 1:48 pm Source: 1762-1766 Court Order Book Written: 1762 For HTML index and pages with easier layout, visit the Northumberland County VAGenweb page at http://genealogenie.net/northumberland/ NORTHUMBERLAND CO. VIRGINIA, COURT ORDER BOOK 1762-1766, PART #1 At a Court held for Northumberland County the 8th day of November 1762 Present John Foushee Spencer M. Ball George Ball Winder Kenner Gent. Justices Newton Keene George Keene A deed and receipt from William Haynie and Ruth his wife of the one part to Spencer Motrom Ball Gent. of the other part, was acknowledged by the sd William & Ruth Haynie and admitted to record. Previous to which the sd. Ruth being first privately Examined freely relinquished her right of Dower in the premises thereby Conveyed. The last will and testament of Quilla Kesterson deced. was presented into Court by George Smither the Executor therein named who made oath thereto according to law, and being proved by the Witnesses was ordered to be Recorded, And on the motion of the said Executor Giving Security Certificate is granted him for obtaining a probate thereof in due form whereupon he together with Robert Edwards his Security entered into and Acknowledged bond for the due administration of the sd. deced. Estate. Beverly Keeve, Elisha Harcum, William Harcum, and John Webb or any three of them are appointed to appraise on Oath in Current money the slaves, if any, and personal Estate of Quilla Kesterson deced. that shall be presented to their vision & return an Inventory thereof to the next Court. John Williams, Foreman, Elisha Harcum, William Lancaster, William Harcum, Benjamen Waddy, James Temple, Thomas Aires, Thomas Cotrell, John Rogers Stephen Chilton, Onesiphorus Harvey, George Ingram, William Blackerby, Thomas France, Moses Lunsford, John Pope, Alexander Hunton, Richard Ball, Phillip Bussell, John Butler, Stephen Hall, Mathias Self and John Dawson Junr. Were sworn a Grand Jury of inquest for the body of this County, and having received their charge went out of court and after some time returned & presented as followeth, to wit, We Present Sarah Cook of Wicocomoco Parish for having a Bastard Child within six Months last past. We present Joseph Hurst for a common Swearrer, and Samuel Garlington for Swearing one Oath within six months last past, both of Wicocomoco Parish We present Giles Webb of St. Stephens Parish for a common Swearrer, a common Drunkard and a Common Disturber of the peace. PAGE 1 We present Henry Christopher for Swearing one Oath within one Month last past We present William Greenwood and Mary Ann Chilton for not being at their Parish Church within one Month last past. We present the Overseer of The road leading from the Main road to the North Warehouse on Wicocomoco River for not keeping the same in good repair We present Elizabeth Dooling of St. Stephens Parish for having a Bastard Child within Six months last past. We present William Foalks of St. Stephens Parish for Swearing two Oaths within six month past. We present Robert Sibbalds and Charles Lovelace of St. Stephens Parish for not going to their Parish Church within one Month last past John Williams, F.Man And then the sd. Grand jury having nothing further to prosecute were Discharged. Ordered that process Issue against the several Persons this day presented by the Grand jury to Cause them to appear here on the Second Monday in December next to answer the Presentments against them respectively. A Report of the repairs wanting to be done on Coan Warehouses was this day returned and ordered to be Recorded. John Tarpley ......................Plt. In Case George Astin.....................Def t. This day came the parties by their attornies & the Def t. acknowledged the Plt.s action for Sixteen pounds six Shillings and eight pence, Therefore (with the Plt.s Assent) It is Considered by the Court that he recover against the said Deft. the aforesd. Sixteen pounds six Shillings and eight pence together with his costs by him in this behalf expended. And the sd. Deft in mercy be. Present William Taite Gent. The motion of Thomas Pullen to be set Levy here is Dismissed. PAGE 2 Ordered that John Tarpley pay unto Arjalon Price Seven hundred and Sixty five pounds fo tobo. For three days Attendance at this Court & for coming and returning One hundred & fifteen miles Twice and two Shillings for Ferriages a a Witness for the sd. Tarpley against George Astin The Gentlemen appointed to try the weights at Coan Warehouses made return that three fifty six Weights & three fifty's were wanting. It is therefore orderd that the same be provided for the said Warehouses. Peter Lamkin and Vincent Rust at the lst Court obtained an order to be possessed of the Estate of George Cox decd. in the hands of Elianor Cox on her nonappearance to give them Counter Sty. for the due & faithfull Admon of the sd Estate, But the sd Elenor now appearing, William Taite, Gent. and Mathew Lamkin agree to enter themselves as securities for the sd. Elenor Cox in the place & stead of the sd. Lamkin & Rust. A Deed of Bond from Elizabeth Cralle of the one part to William Eskridge of the other part was proved by the Oaths of Henry Metcalf, Samuel Hammond & Henry Harford Witnesses thereto & admitted to record. An Account of the Outstanding tobo. in Wicocomo Warehouse amounting to 3911 was this day returned & sworn to by the Inspectors of the sd Warehouse. An Account of the Outstanding tobo. in Coan Warehouse amounting to 8161, was this day returned & sworn to by the Inspectors of the sd Warehouse. An Account of tobacco received in Indian Creek Warehouse returned by the Inspectors amounting to 411 Hhds. An Account of tobacco received in Coan Warehouse on Monroe's side returned by the Inspectors amounting to 185 Hhd. & on Kenner's side 290 Hhds. An Account of tobacco received in Coan Warehouse in the year 1761 on Monroe's side returned by the Inspectors amounting to 230 Hhd. & on Kenner's side the same year 299 Hhds. Upon the Complaint of Spencer Ball Gent. against George Anderson his servant for Offering Violence to his sd. Master. It is ordered that for the sd Offence he serve hi sd. master after his former time of service is Expired accordiing to Law & also receive on his bare back 39 Lashes well laid on at the public Whiping post & be then remanded to Goale. Thomas Gaskins Gent. is by the court appointed Guardian to William & Anne Garlington orphans of William Garlington deced. He the sd. Tho. Gaskins together with David Boyd and William Eskridge his Securities having enter'd into & acknowledged bond for the Estate of the sd Orphan's in the penalty of L 1,000. Page 3 The State of the Levy of this County as it was Laid & Assessed by the Court The County Due Lb. Tobo. To Mr. Secretary Nelson by Account 360 To the Sherriff for Public Services 1230 To Walter Jamison, Attorney for the King 1500 To Thomas Jones Clerk of hsi Court for Public Services 1230 To Do. for attending two Called Courts 360 To John Foushee, Coroner 120 To Samuel Steale for Public Work done on Coan Warehouse, Southside 195 To Patrick Mealey for Do. on northside 1000 To Richard Taylor for Public Work 4100 To Collen Campbell, Coroner 359 To Isaac Haynie for Guarding the Prison over Jesse Townsend 220 To Robert Crowther for Same 220 To William Bailey, Sub Sheriff L 1..6..0 610 To William Rice for Assisting to Carry Jesse Townsend to Prison 200 To William Haynie for guarding the Prison 220 To Rawleigh Alexander fro Do. 220 To Charles Copedge Sub Sheriff 183 To Samuel Garlington Constable 496 To William Lattimore Do. 290 To George Kesterson..... Do. 363 To Neddy Barnes.....Do. 281 To Jesse Berry..........Do. 267 To George Gibson............Do. 334 To Spencer Hill.................Do. 230 To John Morrison..............Do. 363 To James Knott.................Do. 185 To John Efford for repairs at Coan Warehouse......... 2900 To John Hughlett for water...................................... 400 To Mary Rice for one Levy overpaid..................................................................... 4 To William Lattimore 45 To the sheriff for collection of 18,485 tobo. at 6 % ............................................... 1064 19, 549 Page 4 The County Lbs of Tobo By a Depositum in the sheriffs hands last year ..................................................... 696 By Cash in the hands of Newton Keene Gent. being paid by the county to: Presly Thornton Esq: last year................. L 9...13...10 3/4 By Wicocomoco Inspectors 9 14.....2 By Coan Do. on Monroe's side 6....3......4 By Do........ on Kenners side 9...13.....4 By Do......on Do. in 1761 10...16.... By Do. ......on Monroe's side 7...10.... By Indian Creek Inspectors........................... 6...17... L50...13...10 Sold to John Williams for ...6020 By Charles Copedge, Sub Sheriff............................................................................. . 60 By 2554 Tithables............@ 5 lb Tobo per Pole 12770 Balance to be paid the Sherriff next year...................................................... 3 Ordered that the Sheriff collect from each Tithable person Five pounds of Tobo. & in case of refusal to Levy the same by Distress & pay the same to the Several Claimers as is to them respectfully apportioned A deed from Richard Hull of the one part to William Taite Gent. of the other part was Proved by three of the witnesses thereto & admitted to Record. On the motion of William Copedge who made Oath according to law Certificate is granted him for obtaining Letters of Administration of the Estate of Lazarus Copedge deced. In due form Giving Security, Whereupon he together with Charles Copedge & George Payne his Securities entered not & acknowledged bond for the due Admon. Of the sd. Estate. Moses Lunsford, Jesse Robinson, Thomas Everitt & William Parrott or any three of them are appointed to appraise on Oath in Current money the Slaves, if any and personal estate of Lazarus Copedge deced. That shall be presented to their View & return an Inventory thereof to the next court. An inventory and Appraisement of the Estate of Andrew Anderson deced. Was this day returned and ordered to be Recorded. Charles Fallen, George Payne and John Heath are appointed to possess Thomas Gaskins Gent with the Estate of William & Ann Garlington orphans of William Garlington and in the hands of Lewis Lamkin & Susanna his wife, as also by consent of the sd. Lamkin to lay off the thirds of the sd. William Garlingtons Land. Page 5 William Lowry who hath remained in Prison upwards of Twenty days at the suit of Robert Lowry & Compa. Being brot into Court and delivered a Schedule of his Estate and made Oath according to Law, whereupon it is Orderd the sd. Schedule remain with the Clerk of this Court & that the Sheriff forthwith set him at Liberty. Winefred Shirley orphan of John Shirley deced made Choice of Samuel Steel for her Guardian who is approved of by the Court, he the sd. Steel together with Mathew Neale and George Harvey his Securities having enter'd into and acknowledged Bond for the Estate of the sd. Orphan in the Penalty of L 200 Orderd the Court be Adjourned till tomorrow morning 10:00 o Clock John Foushee At a Court Held for Northumberland County the 9th day of November 1762 Present John Foushee Newton Keene Gent. Justices William Taite Spencer Ball David Galloway..................................................... Plt. vs. In Case Patrick Mealey..................................................... Def t. The defendant not appearing, It is ordered that Judgement be entered for the Plt. against him the sd. deft. and George Harvey his Security for what damage it shall appear the Plt. hath sustained by the Occasion in the Deft. mentioned to be assertained by a jury, unless the sd. Deft. shall appear at the next Court & plead. Robert Clarke..................................................... Plt. vs. In Chancery Elizabeth Foster................................................... Def t. The deft. not appearing, It is ordered on the motion of the Plt. by his attorney that an Attachment with Proclamation Issue agst. Her returnable to the next Court Mess. Hunters Campbell & Comp..................................... Plt. vs. In Debt Charles Haynie ................................................... Def t. Dismissed by consent of parties Deft. paying Costs. Page 6 John Kennedy ..................................................... Plt. vs. In Case Charles Haynie ................................................... Def t. Dismissed by consent of parties Deft. paying Costs The Petition of Richard Walker Esq. of Joseph Hague deced. Against George Blewford & John Mayson is Dismissed. Judgement upon petition is granted to Richard Walker Esq. of Joseph Hague deced agst. John Thomas and Thomas Smith for Three pounds two Shillings & two pence due by Bill which is ordered to be paid with Costs. A Copy of the last will & Testament of William Kenner deced. Was Presented into Court by Francis Kenner which is Admitted to Record. And on the motion of the sd. Francis who made Oath according to Law Certificate is granted him for obtaining letters of Administration with the will annexed on the sd. Kenner's Estate in due form, he the sd. Francis together with Robert Clarke & Samuel Eskridge his Securities having enterd. Into & acknowledged Bond for the due Administration of the sd. Estate. The Presentment of the Grand jury agst. Will Edwards is Dismissed. John Cralle Junr., Mathew Neale, Griffin Fauntleroy and Lindsey Opie or any three of them are appointed to appraise on oath in Current money the slaves & personal Estate of William Kenner deced. That shall be presented to their view & return an Inventory thereof to the next Court. William Roane..................................................... Plt. vs. In Debt Charles Haynie ................................................... Def t. This day came the parties by their attornies & the Def s saith that they cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Deft. the debt in the declaration mentioned amounting to one hundred pounds currnt. money together with his costs by him in this behalf expended and the said deft. in mercy be. But this Judgment (the costs excepted) is to be Discharged by the paymt. of Fifty pounds Currnt. money with Interest on the same at the rate of 5 per cent per annum to be Computed from the 14th day of September 1759 till the time of payment & the plt. agrees to stay execution until next Christmas. Page 7 Stephen Chilton is by the Court appointed Guardian to Thomas Howson Orphan John Hobson deced. He the sd. Chitton together with John Edmunds & Frederick Wildey His securities having entered into & acknowledged bond for the Estate of the sd. Orphan in the penalty of L 2000. Judgement upon Petition is granted to John Baylie & Robert Smith execors. of George Bannister deced Against Mary Cox for Twenty two shillings and eight pence due by Account which is ordered to be paid with costs & Attornies fees. An award and Bond between ......John Hughlett, William Parrot , William Davenport & the estate of Sarah Hughlett, was proved by two the Witnesses & admitted to record. The Petition of William Taylor Jones agst. John Efford is Continued till next Court at the defts. Cost. Kenner Cralle..................................................... Plt. vs. In Case William Trussell................................................. Def t. The defendant not appearing, It is ordered that Judgement be entered for the Plt. against him the sd. deft. and Spencer Thomas and Presly Cockrell his Security for what damages it shall appear the Plt. hath sustained by the Occasion in the Deft. mentioned to be assertained by a jury, unless the sd. Deft. shall appear at the next Court & plead. James Craine & Rebecca his wife......................... Plt. vs. In Case William Cole & Anne his Wife........................... Def t. This day came the parties by their attornies, And the sd. Defts. Pary & have leave to Imparte till the next Court & then to plead. Clement Bailey.................................................... Plt. vs. In Debt William Dameron .............................................. Def t. Robert Clarke & Lewis Lamkin undertakes for the Deft. that in Case he shall be Cast in this suit, he the said Def t. will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that they the said Clarke & Lamkin will pay the sd. Condemnation or render the Body of the sd. Def t. as aforesaid Whereupon the said Def t. prays and hath leave to impart till the next Court & then to Plead. Page 8 William Roane..................................................... Plt. vs. In Case James Lamkin.................................................... Def t. The defendant not appearing, It is ordered that Judgement be entered for the Plt. against him the sd. deft. and Robert Clarke, Samuel Eskridge, Job Braughton, Jno. Efford, James Foushee & James Craine his Securities for what damage it shall appear the Plt. hath sustained by the Occasion in the Deft. mentioned to be assertained by a jury, unless the sd. Deft. shall appear at the next Court & plead. David McCullock................................................... Plt. vs. In Case Presly Cockrell................................................. Def t. Dismissed by consent of parties, Deft. paying Costs David McCullock................................................... Plt. vs. In Case John Bunn............................................................ Def t. Dismissed Elizabeth Hill..................................................... Plt. vs. In Debt Kenner Cralle, adm. of William Payne, deced...... Def t. This day came the parties by their attornies, And the Deft prays & hath leave to Imparte till the next court & then to plead. John Lydnor Exec. of William Payne deced....... Plt. vs. Upon a writ of Sci. Facies John Beacham.................................................... Def t. This day came the parties by their attornies, And the sd.Deft. parys Oyer of the Writ of Sci Faices which is granted him & the suit is Continued till next Court. Upon the petition of William Nelms orphan of William Nelms deced for his part of his Father's estate in the hands of Eben Nelms Exec. of the sd. William Nelms; Jon. Humphris appointed to settle all Accounts between the sd. William Nelms & Eben Nelms. And possess the said William with his Part of his sd. Father's Estate & make report thereof to the court Mungo Harvey................................................... Plt. vs. In Case Ellis Edwards................................................. Def t. On the Deft. motion a Dedimus is granted him to take the Deposition of William Tignor ??? In this suit. he the sd. Tignor making oath that he is about to leave this Colony. Upon the petition of John Heath against Isaac Gaskins & James Waddy for an Acre of Land on the South side of the Earthen Bridge Run convenient for the sd Heath to build a water Grist mill and for putting him in possession thereof , according to law, It is order'd that the sherriff of this county do Summon a jury of Twelve free holders of the Vicinage to meet upon the Land Petitioned for, who being Sworn before a Magistrate the Sheriff Shall deligently View and Examine the sd. Land, And the Lands Adjacent thereto on both sides the run which may be affected or laid under water by Building such Mill Together with the timber and other Conveniences thereon. & make report to the Court of the true value of the acre Petitioned for an of the damage to the Parties holding the same or to any other person or persons under their hands & Seales. The Attachment obtained by John Kennedy against the Estate of John Bunn is continued until next court. The attachment obtained by Archibald Ritchie against the Estate of Samuel Rust Dunn is Continued for Garnishee, till a Settlement be made between the Estate of William Kenner and the Estate of George Danks The Information of the Church wardens of St. Stephen's parish agst. Judith Draper is Dismissed. Judgement upon Petition is granted to Ellis Edwards against James Thomas for thirty Seven Shillings and Six pence due by Account which is ordered to be paid with Costs. The Petition of William Kennan against Thomas Cotrell is Continued till next Court. The Petition of Caleb Hammond agst. Joseph Denny is continued till next Court Spencer Corbell................................................ Plt. vs. In Case William Glascock Junr......................................... Def t. This day came the parties by their attornies, And the sd. Deft. prays & hath leave to imparte till the next court & then to pleade The Honble. Presly Thornton Esq. & Ann Conway Execrs of George Coneway deced.................................................................... Plt. vs. In Case Travers Tarpley and Chas. Beale Execrs of Tras. Colston deced............ Def t. This day came the parties by their attornies & the sd. Def ts. saving to themselves all manner of Exception as well to the Plt. Writ as Declaration Prays & has Leave to Impart till the next Court and then to plead. Page 10 On the information of the Chruch wardens of St. Stephen's Parish agst. Sarah Collins. An attachment is awarded against her returnable to the next Court. Present Charles Fallin - Gent The attachment of William Haynie agst. Joseph Humphris is Continued till next Court. Judgement upon Petition is granted to David Lattimore against Richard Lansford for Two hundred and thirty six pounds of tobo. Due by Bill which is ordered to be paid with Interest on the same at the rate of 5 % per Annum from the 4th day of August 1758, till payment & costs with an Attornies fee. The Petition of Hugh Watson against John Knight is Continued till next Court William Angell....................................... Plt. vs. In Trespass, Assault & Battery Joseph Hurst......................................... Def t. This day came the parties by their attornies, and the sd. Deft prays & hath leave to imparte till the next Court. Benjamen Ingram................................................ Plt. vs. In Case Maurice Wheeler.............................................. Def t. The deft. not being arrested, it is ordered on the motion of the Plt. by his attorney that an alias corpus Issue agst the sd. Deft returnable to the next Court. Benjamen Bussell & William Taylor Jones............ Plt. vs. In Case James Foushee..................................................... Def t. The deft. not being arrested, It is ordered on the motion of the Plt. by their attorney that an alias Copias Issue agst. The Deft returnable to the next Court. Judgement upon petition is granted to William Roane against Job Braughton for Four pounds fourteen Shillings and three pence due by Account which is ordered to be paid with Costs. Page 11 The petition of William Roane against Samuel Eskridge is dismissed. Judgement upon petition is granted to William Roane against William Trussell for four pounds four shillings and three pence by Account which is order'd to be paid with costs. Judgement upon petition is granted to William Roane against William Tignor for thirty eight Shillings and one penney due by Account which is order'd to be paid with costs. The petition of John Smith against Parish Garner is Dismissed Barbee Davis ..................................................... Plt. vs. In Case Thomas Figgott................................................. Def t. The Deft not being arrested, It is order'd on the motion of the Plt. by his attorney that an Alias Pluries Capies Issue agst. The sd. Deft returnable to the next Court. Griffin Fauntleroy having been Attached for not appearing as a Garnishee in the Attachment obtained by William Flood against Charles Colson & now being called appeared & decleared that he had in his possession one Horse belinging to the Estate of the sd. Colson. whereupon It is ordered the Sheriff make sale of the sd. Horse - according to law & pay the produce thereof to the Sd. Flood towards discharging the judgement obtained by the sd. Flood agst. The sd. Colston at the last court & that he make return of such sale to the Court. Thomas Simpson having obtained an attachment against the Estate of Charles Colston who is said to be absconded that common process Cannot be Served upon him for thirty pounds fifteen Shillings and two pence and the said Colston not appearing, It is Considered by the Court that the sd. Simpson recover ag.st the sd. Colston the aforesaid sum of thirty pounds fifteen Shillings & two pence together with his Costs by him in his behalf Expended and it is orderd that if any Overplus remain after the Judgments obtained by Thomas Jones & William Flood be first Satisfied that the Same be Applyed towards discharging this judgement. The Attachment obtained by Samuel Creswell against the Estate of Charles Colston is dismissed. The Attachment obtained by Griffin Lewis agst. the Estate of Charles Colston is Dismissed. PAGE 12 Samuel Eskridge having obtained an attachment against the Estate of Charles Colston who is said to be absconded that common process Cannot be Served upon him for five pounds and five pence and the deft. not appearing the sd. Eskridge made oath to the Justices of his demand and that he had a book in his possession belonging to the sd. Colston. Therefore, it is Considered by the Court that the sd. Eskridge recover ag.st the sd. Colston the aforesd. sum of five pounds five pence current money together with his Costs by him in his behalf Expended and it is orderd that the sheriff make sale of the sd. book by way of Auction & pay the produce thereof to the Plt. towards discharging this judgement. The attachment obtained by William Allgood against te Estate of Charels Colston is Dissmissed George Harvey, Samuel Eskridge, Mathew Neale and Neddy Barnes or any three of them are appointed to posess Samuel Steel with the Estate of Winefred Shirley orphan of John Shirley deced in the hands of Phillip Bussell, as also to lay off the third part of the Land on the said Shirley to the aforesd. Bussell in right of his wife & make report thereof to the Court. John Palmer, orphan of James Palmer deced. Is by the court Bound to John Wilkins until he arrives to full age. On Consideration of which the sd. Wilkins is to learn him the trade of a shoemaker & to provide for the sd Palmer during the sd. Term all necessaries according to Law. For the performance of which the sd Jno. Wilkins with Joseph Ball his security acknowledged themselves bound to this Court now Setting in the sum of 5000 lbs tobo each. Judgement upon petition is granted to the Honble. Presly Thornton Esq. against John Campbell for Six hundred & thirty eight pounds of tobo. Due by Account which is ordered to be paid wiht Costs Absent William Taite Gent. William Taite ................................................................................. Plt. vs. In Case David Boyd & Eliza. Smith Execor. Of Thomas Smith, deced......... Def t. This day came as well the Plt. by his attorney as the Deft. in their proper persons & that sd. Deft acknowledge the Plts. Action for L33...6...8 & 100 lb of tobo. Therefore (with the Plt. absent) it is considered by the Court that he recover against the sd. Defts. The aforesaid sum of thirty three pounds, six shillings, and eight pence & one hundred pounds of tobo together with his costs by him in this behalf Expended. And the sd. Defts. in mercy be. Present William Taite Gent. Page 13 John Blackwell, having obtained an Attachment against the Estate of James Thomas who is said to be absconded that common process Cannot be Served upon him for L19...13...10. And it appearing to the court that there is no balance of the said Thomas's estate in the hands of John Edmunds under Sherriff. It is Considered by the Court that the sd. Blackwell recover ag.st the sd. Thomas his debt aforesd. Amounting to Nineteen pounds, thirteen shillings, & ten pence together with his Costs by him in his behalf Expended. And it is orderd that the said John Edmunds pay unto the sd Blackwell out of the estate of the said Thomas Sufficient to discharge this Judgment if so much thereof he hath in his hands & return the overplus, if any, to the Deft. or his order. Jane Tillery having been attached for not appearing as a Garnishee in the attachment obtained by Newton Keene against the Estate of James Lamkin And being now called, appeared & declared that she had in her hands of the sd. Lamkins Estate Five pounds Currt. Money & one case of Bottles, Whereupon It is Considered by the Court that the sd. Keene recover agst. The sd. Tillery the Aforesaid five pounds & that the case of bottles be sold by the Sherriff according to Law, towards Discharging the Judgement obtained by the Plt. against the Jas. Lamkin at the last Court & that he make return of such sale to the Court David Galloway.................................................... Plt. vs. In Case Robert Short................................................... Def t. William Butcher of this county undertakes for the Deft. that in case he shall be cast in this suit he the said Def t. will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that he the said William Butcher will pay the said Condemnation or render his Body to prison as aforesaid. Whereupon the sd. Deft. by his attorney prays & hath leave Impart till the next Court and then to Plead. ordered the Court be Adjourned till the Second Monday in December 1762 John Foushee PAGE 14 At a Court Held for Northumberland County the 13th day of December 1762 Present John Foushee Rodham Kenner Gent. Justices Spencer M. Ball Saml. Blackwell A Deed from Willoughby Churchill of the one part to Thomas Bell of the other part was acknowledged by the said Chruchill & admitted to record. Upon the motion of George, Hannah & Sarah Anne Rogers, orphans of Edward Rogers deced for their parts of their said Fathers Estate in the hands of John Rogers Execor. The the sd. deced with the consent of the sd Executor, Joseph Ball, John Edmunds, John Maurison & Thomas Cotrell or any three of them are appointed to settle all accounts relating to the sd Orphans estate with the sd Executor & to possess the sd Orphans with their Parts of the sd Estate & make report thereof to the court. An inventory & appraisement of the Estate of Joseph Hester deced was this day returned and orderd to be recorded. Walter Jones & Elizabeth Jones orphans of Thomas Jones deced made Choice of William Jones for their guardian who is approved of by the Court, he the sd. William, with Thomas Jones & William Taite his Securities enterd into & acknowledged bond for the estate of the sd. Orphan's in the penalty of L 1000 The last will and testament of Francis Timberlake deced was presented in Court by Richard Timberlake and George Ball the Executors therein named who made Oath thereto according to law & being proved by the Witnesses was Admitted to Record, & at the motion of the sd Exors giving Security Certificate is granted them for obtaining Probate thereof in due form. Whereupon the sd. Exors, together with David Ball Jr. and Richard Taylor their Securities entered into & acknowledged bond for the deed ???mon of the sd. Estate Thomas Gaskins, Thomas Edwards, Kendall Lee & George Dameron or any three of them are appointed to appraise on Oath in current money the slaves, if any, and personal Estate of Francis Timberlake deced that shall be presented to their view and return an inventory thereof to the next Court An inventory and appraisement of the Estate of John Rice deced was this day returned and order'd to be Recorded. PAGE 15 A Deed from James Gordon of the one part to Richard Seldin & David Boyd of the other part was proved by one of the Witnesses & Continued for further proof Present William Taite & George Ball Gent. An inventory & Appraisement of the Estate of Hannah Smith deced was this day returned & ordered to be Recorded The Presentment of the Grand Jury against Charles Lovelace is Dismissed Upon the complaint of Terrence Feagin against Roger McDaniel & Catherine his wife. Dismissed agst. Catherine & Thos Fegin taken the usual oath agst. the sd Roger. It is order'd that he give Security for his good behaviour. Whereupon the sd Roger McDaniel together with Richard Seldin his Security came into Court and acknowledged themselves Severally Indebted unto our Soverign Lord George the third & the said Roger in the Sum of Twenty pounds & the sd. Seldin in the sum of Ten pounds of their respective goods & Chattles, Lands & Tennements to be Levied & to our sd. Lord the King his Heirs & successors render'd Yet upon this Condition that if the sd. Roger McDaniel shall will behave himself towards his Majesty and all his Leige people, & more Especially towards the sd Terrance Feagin for the space of one whole year now next ensuing then this Recogonizance to be Void, otherwise to remain in full force. Thomas Gaskins Gent. Sherriff of this County Acknowledged bond for the collection of the Poll Tax & Land tax in this County which was order'd to be recorded. An Inventory & appraisement of the Estateof Lazarus Copedge deced was this day returned & order'd to be Recorded. A Deed of Bond from Henry Mayes of the one part to William Copedge of the other part was proved by three of the witnesses & admitted to Record. Judgement upon petition is granted to Hugh Watson against John Knight for three pounds twelve Shillings and Six pence due by Account which iss order'd to be paid with Costs. Order'd that Roger McDaniel pay Dorothy Lord Twenty five pounds of tobo. For one days Attendance at this Court as also Seventy two poounds of tobo. for coming & returning twenty four miles once as a witness for our Soverigh Lord the King against the sd. McDaniel. PAGE 16 A Deed from John Heath and Mary his wife of the one part to Travers Downman of the other part was Acknowledged by the sd John & Mary Heath & admitted to Record. Previous to which the sd. Mary being first Privately Examined freely relinquished her right of dower in the premises thereby Conveyed Ordered that Hugh Watson pay unto John Barr One hundred & seventy sevin pounds of tobo. For three days attendance at this Court & for Coming & Returning Seventeen miles twice as a witness for the sd. Watson against John Knight. Ordered that Hugh Watson pay unto Elizabeth Carridon seventy five pounds of tobo. for three days attendance at this Court as a witness for the sd. Watson against John Knight. Ordered that Hugh Wastson pay unto Elizabeth Yapp twenty five pounds of tobo. for one days attendance at this Court as a witness for the sd. Watson against John Knight. On the Presentment of the Grand Jury against Sarah Cook for having a Bastard Child an attachment is awarded against her returnable to the next court. Joseph Hurst who stands presented by the Grand jury for being a common swearrer, having been duly summoned & not appearing. It is Considered by the Court that for the sd. offence he forfeit and pay Ten shillings or one hundred pounds of tobo. to the church wds. of Wicocomoco Parish & that he also pay the Costs of this Prosecution & be be taken. Giles Webb who stands presented by the Grand jury for being a common Drunkard & a Comon Swearer, having been duly Summond & not appearing, It is considered by the Court that for the sd Offence he forfiet & pay Twenty Shillings or two hundred pounds of tobo. to the church wardens of St. Stephens Parish & that he also pay the Costs of this Prosecution & may be taken. On the Presentment of the Grand jury against Giles Webb for being a Common disturber of the Peace, an attachment is awarded agst him returnable to the next Court. Henry Christopher who stands presented by the Grand jury for swearing one Oath having been duly summoned & not appearing. it is considerd by the court that for the said Offence he forfeit & pay five Shillings or fifty pound of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. William Greenwood, who stands presented by the Grand jury for not gong to his Parish Church, having been duly summoned & not appearing. it is considered by the Court that for the said Offence he forfeit & pay five Shillings or fifty pound of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. PAGE 17 Mary Anne Chilton who stand presented by the Grand jury for not going to her Parish Ch. having been duly summoned & not appearing. it is considered by the Court that for the sd. Offence she forfeit & pay five Shillings or fifty pound of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. Elizabeth Dooling who stands presented by the Grand jury for having a Bastard Child having been duly summoned & not appearing. it is considered by the Court that for the sd. Offence she forfeit & pay fifty Shillings or five hundred pounds of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. John Cotrell who stands presented by the Grand jury for not going to his Parish Church having been duly summoned & not appearing. it is considered by the Court that for the sd. Offence he forfeit & pay five Shillings or fifty pound of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. Elijah Betts who stands presented by the Grand jury for not going to his Parish Church having been duly summoned & not appearing. it is considered by the Court that for the sd. Offence he forfeit & pay five Shillings or fifty pound of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. William Foalks who stands presented by the Grand jury for swearing two Oaths having been duly summoned & not appearing. it is considered by the Court that for the sd. Offence he forfeit & pay ten Shillings or one hundred pounds of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. Robert Sibbalds who stands presented bythe Grand jury for not going to his parish Chruch, having been duly summoned & not appearing. it is considered by the Court that for the said Offence he forfeit & pay five Shillings or fifty pound of tobo to the Church wardens of St. Stephen's Parish & that he also pay the Costs of this Prosecution & may be taken. Our Soverign Lord the King ........................... Plt. vs. Upon an Indictment Elisha Betts................................................... Def t. Dismissed A Power of Attorney from John Yapp to John Maurrison was proved by one of the witnesses & admitted to Record. PAGE 18 John Cornish, orphan of Richard Cornish decd. being Sixteen years old next February is by the Court bound to John Kirk until he arrives to the age of Twenty one years. On consideration of which the sd. Kirk is to learn him the trade of Carpenter and Joyner & to provide for him all other necessaries according to Law. For the performance of which the sd. John Kirk together with Kemp Hurst his security acknowledged the masters bound to the Justices now Setting & their successors in the sum of 5,000 lb. of tobo. Upon the Petition of Joseph Beatley, a Servant against John Yapp, his Master, It appearing to the Court that the sd. Yapp hath removed out of this Colony, Orderd the sd. Beatley be Discharged from any further service of his sd Master. Christopher Mayes, orphan of John Mayes deced being Sixteen years old Next June is by the Court bound to Richard Greenstreet until he arrives to the age of Twenty one years. On considera tion of which the sd. Greenstreet is to learn him the trade of Carpenter & to provide for him all other necessaries according to Law. For the performance of which the sd. Richard together with John Greenstreet his security acknowledged the masters bound to the Justices now Setting & their successors in the sum of 5,000 lb. of tobo. Report of the division of the Estate of William Webb deced. Was this day return'd & orderd to be Recorded. Ordered the Court be Adjouned till Tomorrow morning 10:oClock John Foushee At a Court Continued & Held for Northumberland County the 14th day of December 1762 Present John Foushee William Taite Gent. Justices George Ball Newton Keene A Deed & Receipt from George Ball of the one part to William Downman of the other part was Acknowledged by the sd George Ball & admitted to Record. The petition of William Glascock Junr. Against John Tingle is Continued till next Court at the Plts. Costs. The Petition of Caleb Hammond against Joseph Denny is Continued till next Court The Attachment of William Haynie against Joseph Humphris is Continued till next Court The Information of the Chruch wardens of St. Stephens Parish against Winefred Thomas is Dismissed. The petition of Ellis Harcum against Thomas Airs is Continued till next Court. William Taylor Jones.................................. Plt. vs. Upon Petition John Efford.................................................... Def t. By consent of parties all matters in Diferrence between them in this Suit is left to the determination of Saml. Eskridge and Samuel Steel. & their report is to be made the Judgment of the Court. Onesiphorus Harvey...................................... Plt. vs. In Case Thomas Resaon.................................................. Def t. Dismissed by Consent of the parties Deft. paying all Costs Orderd that William Taylor Jones pay unto Peter Winstead twenty five pounds of tobo. for one days attendance at this Court as a witness for the sd. Jones against John Efford. Richard Walker Exect. Of Joseph Hague deced............. Plt. vs. In Debt Thomas Smith & John Thomas..................................... Def t. The defts. Not appearing, It is ordered that Judgment be enterd for the Plt. against them the sd. Defts and John Williams their Securities for the Debt in the declar.. mentioned & Costs unless the sd. Deft. appear at the next Court & Pleade Messrs Anthony McKittrick and Compa............ Plt. vs. In Debt Thomas Gill Junr............................................... Def t. The Deft. not appearing, it is ordered that Judgment be enterd for the Plt. against him the sd. Deft. and Elisha Harcum his Security for the Debt in the declaration mentioned & Costs unless the sd. Deft. appear at the next Court & Pleade On the Information of hte Chruch wardens agst. Hannah Blewford. It is orderd that an alias Summons Issue against her returnable to the next court. John Lock ................................................................... Plt. vs. In Debt Richard Timberlake & Fran. Timberlake ...................... Def t. This Suit with respect to Francis Timberlake one of the defts abates he being dead. And the other Deft. Richard not appearing, it is ordered that Judgment be enterd for the Plt. against him & Charles Copedge his Security for the Debt in the declaration mentioned & Costs unless the sd. Deft. appear at the next Court & Pleade The attachemnt obtained by Nicholas McGinnis against the Estate of James Smith is continued till next Court. PAGE 20 Barbee Davis ..................................................... Plt. ag.st In Case Thomas Figgott..................................................... Def t. The Def t. not being arrested. It is orderd on the motion of the Plt. by his attorney that an Alias Pluries Copias Issue ag.st the Def t. returnable to the next Court. Benjamen Ingram................................................... Plt. ag.st In Two Actions on the Case Maurice Wheeler.................................................... Def t. The Def t. not being arrested. It is orderd that an Alias Pluries Copias Issue in each Suit ag.st the sd. Def t. returnable to the next Court. The petition of Kendall Lee & Edward Kerr Admes. Of George Kerr deced against James Tingle & Rawleigh Tillery is Continued till next Court at the Def ts. cost. Judgement upon Petition is granted to John Blincoe against John Neale for Five hundred and thirty pounds of tobo. Due by Account which is order'd to be paid with Costs. John Kennedy..................................................... Plt. ag.st In Case Richard Vanlandingham....................................... Def t. Dismissed, the Deft. having no Residence in this County. Thomas Megars ..................................................... Plt. ag.st In Case George Lamkin ..................................................... Def t. The Def t. not being warned It is orderd on the motion of the Plt. that an Alias Scine Facias Issue in each Suit ag.st the sd. Def t. returnable to the next Court. John King having obtained an attachment against the Estate of John Vanlandingham And the sd. Vanlandingham appearing. On hearing the Allegations of each party It is Considerd by the Court that the Plt. recover against the sd. Deft the Sum of three hundred & ninety pounds of tobo and nineteen shillings and six pence, but no costs William Knott having obtained an attachment against the Estate of John Lancaster who is said to be absconded that common process Cannot be Served upon him for L1-14-6 & William Bailey under Sherriff declaring that he was Indebted to the sd. Lancaster Seven pence half penny, It is Considered by the Court (on the sd. Knotts making Oath to his Aud) that he recover ag.st the sd. Lancaster the aforesd. Thirty four shillings & six pence & his costs by him in this behalf Expended and it is Ordered the sd. William Bailey pay unto the sd. Knott the sd. seven pence half penny towards Discharging this judgement. PAGE 21 John Kennedy having obtained an attachment against the Estate of John Bunn who is said to be absconded that common process Cannot be Served upon him for fifty nine shillings and three pence & fifty nine pounds of tobo. & the Sherriff having made return that he had attached the estate of the sd. Bunn in the hands of Mathew Neale & William Eskridge and they now appearing Declared that they had in their of the sd. Bunn' Estate Six barrells & one basket of corn & one half Share of the tobo. made on the Plantation of William Harding deced. Whereupon the Plt. proving his demand to be Just. It is Considered by the Court that he recover agst. The sd. John Bunn the aforesd. Sum of L2...19...3 & 59 lbs tobo. together with his Costs by him in this behalf expended, and it is order'd that the sd. Sherriff make sale of the Corn & tobo. above mentioned according to law, And pay the produce thereof to the Plt. towards discharging this Judgement returning an Account of such sale to the Court. Craven Everitt orphan of John Everitt deced made Choice of Onesephorus Harvey Jr. for his Guardian who is approved of by the court, he the sd. Harvey together with John Mahanes and Moses Sutton his Securities having enterd into & achd. Bond for the Estate of the sd. Orphan in the penalty of L400. George Ball, Thomas Gaskins and Travers Dameron are appointed to settle all Accounts with Moses Sutton & Craven Everett orphan of John Everitt deced. And possess Onesephours Harvey Junr. With the sd. Craven Everitts part of his Estate in the hands of the sd. Sutton & make report thereof to the court. Upon the Petition of Elias Edmunds for a road through the land of William M. Cralle, John Foushee, Thomas Williams and Neddy Barnes are appointed to view the place on Oath where the Petitioner wants the sd. Road & report the Conveniency & Inconveniency thereof to the Court. Upon the Petition of Winefred Hobson for her third part of the Land & negroes of her Deced. Husband John Hobson, Samuel Blackwell, Elisha Harcum and William Harcum are appointed to make Division of the sd. Estate & Posess the sd. Winefred with her third part thereof according to Law, & make report thereof to the court. John Kennedy ................................................... Plt. ag.st In Case Lewis Hayden.................................................... Def t. Abates the Deft. Being Dead. PAGE 22 Our Soverign Lord the King............................................. Plt. ag.st Upon a writ of Scire Facies Joseph Hurst & Joseph Hudnall ....................................... Def t. The deft. not appearing, It is orderd that Judgement be entered for our sd. Lord the King against them for the Debt in the writ aforesd. mentioned & costs unless the sd. defts. Shall appear at the next Court & plead. James Gordon ..................................................... Plt. ag.st Upon a writ of Scire Facies Thomas Williams & Walter Jamison..................... Def t. The Defts. Having been duly warned & not appearing, It is Considered by the Court that the Plts. Have Execution agst the sd Defts for Six hundred and ninety two pounds of tobo with Interest on the same to be computed from the 11th day of September 1755 till paid and One hundred & twenty seven pounds of tobo. & fifteen shillings or one hundred and fifty pounds of tobo. according to the force, form & effect of the Judgement in the Writ of Scire Facies mentioned together with his Costs by him in this behalf expended & the sd defendant in mercy be Present Rodham Kenner Gent. John Tarpley................................................................. Plt. ag.st In Debt Benjamen Vanlandingham Jr.......................................... Def t. The Deft. not appearing, It is orderd that the Conditional Judgement obtained against him & Thomas Gaskins Gent. Sherriff of this County at August Court Last be Confirmed. And it is considerd by the Court the Plt. recover agst the sd Deft. and the sd. Thomas Gskins the Debt in the Declaration mentioned amounting to thirty pounds Eleven Shillings & eight pence together with his Cost by him in this behalf Expended. & the sd. Deft. in mercy be. But this judgement The Costs Excepted is to be Discharged by the payment of Fifteen pounds five shillings and ten pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the 2nd day of October 1761 till the time of payment. John Tarpley................................................................. Plt. ag.st In Case Benjamen Vanlandingham Jr.......................................... Def t. This day came the Plt. by his attorney, And it is Considerd by the Court that he recover against the sd. Deft and Thomas Gaskins Gent. Sheriff of this County One hundred and Fifty six pounds of tobo. but no costs. PAGE 23 Benjamen Northern............................................................ Plt. ag.st In Debt John Edmunds.................................................................. Def t. This day came the parties by their attornies and the said Def t. saith that he cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Deft. the debt in the declaration mentioned amounting to fifty nine pds one shillings and eight pence together with his costs by him in this behalf Expended and the said Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of twenty nine pounds ten shillings and ten pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the 24th day of February 1761 till the time of payment. Archibald Campbell ..................................................... Plt. ag.st In Case Cuthbert Ellistone ..................................................... Def t. The Deft. not appearing, It is orderd that the Conditional Judgement obtained against him & John Corbell his security at August Court Last be Confirmed. And it is considerd by the Court that the Plt. recover agst the sd Deft. and the sd. John Corbell the Debt in the Declaration mentioned amounting to sixteen pounds Eleven Shillings current money together with his Costs by him in this behalf Expended. & the sd. Deft. in mercy etc. Messrs. Hunters Campbell & Comp............................. Plt. ag.st In Case John Kurtley........ ..................................................... Def t. The Deft. not appearing, It is orderd that the Conditional Judgement obtained against him & William Downman his security at August Court Last be Confirmed. And it is considerd by the Court the Plt. recover agst the sd Deft. and the sd. Wm. Downman the Debt in the Declaration mentioned amounting to seventeen pounds seven Shillings & six pence together with their Cost by them in this behalf Expended. & the sd. Deft. in mercy etc. But this judgement (The Costs Excepted) is to be Discharged by the payment of six pounds ten Shillings and five pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the sixth day of March 1761 till the time of payment. PAGE 24 John Kennedy ................................................... Plt. ag.st In Case Jesse Alexander.................................................. Def t. The Deft. not appearing. It is order that the Coditional Judgement obtained against him and Henry Christopher his Security at August Court last be Confirmed, & that a Writ of Inquiry of Damages be Executed next Court. Joseph Hudnall................................................................. Plt. ag.st In Trespass William Angell, Danl. Shirley & John Taylor...................... Def t. The Defts. not appearing, It is order'd that the conditional Judgement obtained against them & Thomas Gaskins Sherriff of this county at August Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court William Townsend................................................. Plt. ag.st In Trespass Charles Marsh ................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him & Richard Marsh his security at August Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court Barbee Davis ................................................. Plt. ag.st In Case Ellis Edwards ................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him & John Berry his security at August Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court Moses Dawkins ................................................. Plt. ag.st In Case Spence Waddy.. ................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him & Benjamen Waddy his security at August Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court Thomas Hayes and Anne his wife...................... Plt. ag.st In Case Thomas Airs ................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him & John Williams his security at August Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court PAGE 25 John Swift.............................................................. Plt. ag.st In Debt Thomas Airs........................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him & John Williams his security at August Court last be confirmed And it is Considered by the Court that the Plt. recover agst. the sd. Deft. and the sd. Jno Williams the debt in the Declaration mentioned amounting to Three Thousands pounds of Tobo. Together with his Costs by him in this behalf Expended. & the sd. Deft in Mercey etc. Thomas Clutton.............................................................. Plt. ag.st In Debt Frederick Wildey........................................................ Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him and George Rogers his security at August Court last be confirmed And it is Considered by the Court that the Plt. recover agst. the sd. Deft. and the sd. George Rogers the debt in the Declaration mentioned amounting to L63...13...6 Currt. Money Together with his Costs by him in this behalf Expended. & the sd. Deft in Mercey etc. But this judgement (the costs excepted) is to be Discharged by the payment of Thirty one pounds Sixteen Shillings and nine pence with Interest on the same at the rate of 5 % per annum to be Computed from the 13th dayof February 1762 till the time of Payment. David Galloway.............................................................. Plt. ag.st In Debt Joseph Dunnaway........................................................ Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him and John Dunnaway & Joseph Wildey his securities at August Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court John Swift.............................................................. Plt. ag.st In Trespass & Battery Thomas Airs...................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him and John Williams his security at August Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court PAGE 26 Elisha Betts.................................................................. Plt. ag.st In Debt Peter Wilkins & Isaac Haynie............................................ Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against them & Barbee Davis their security at August Court last be confirmed And it is Considered by the Court that the Plt. recover agst. the sd. Defts. and the sd. Barbee Davis the debt in the Declaration mentioned amounting to L9...19...10 Currt. Money Together with his Costs by him in this behalf Expended. & the sd. Deft in Mercy etc. But this judgement (the costs excepted) is to be Discharged by the payment of Four pounds Nineteen Shillings & eleven pence with Interest on the same at the rate of 5 % per annum to be Computed from the 1st day of April 1760 till the time of Payment. John Tarpley ...................................................................... Plt. ag.st In Debt Charles Haynie................................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him & John Cralle his security at August Court last be confirmed And it is Considered by the Court that the Plt. recover agst. the sd. Deft. and the sd. John Cralle the Debt in the Declaration mentioned amounting to Forty Pounds Currt. Money Together with his Costs by him in this behalf Expended. & the sd. Deft in Mercy etc. But this judgement (the costs excepted) is to be Discharged by the payment of Eighteen pounds Eleven Shillings & eleven pence with Interest on the same at the rate of 5 % per annum to be Computed from the 1st day of October 1761 till the time of Payment. First ducting out of the sd. L18...11...11 & Interest, One hhd. tobo N 986 at what Wm. Bailey Sub Sheriff could sell it for in Cash. Onesephorus Harvey............................................................ Plt. ag.st In Debt John Bentley...................................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him & William Dameron his security at August Court last be confirmed And it is Considered by the Court that the Plt. recover agst. the sd. Deft. and the sd. William Dameron the Debt in the Decl. mentioned amounting to L55...11...8 Together with his Costs by him in this behalf Expended. & the sd. Deft in Mercy etc. But this judgement (the costs excepted) is to be Discharged by the payment of Twenty four pounds fifteen Shillings & ten pence with Interest on the same at the rate of 5 % per annum to be Computed from the 1st day of May 1762 till the time of Payment. PAGE 27 Benjamen Northern Exer. of Thomas Lowther deced ................. Plt. ag.st In Case Stephen Chilton ..................................................... Def t. The Def t. not being arrested. It is orderd on the motion of the Plt. by his attorney that an Alias Pluries Copias Issue ag.st the Def t. returnable to the next Court. Edward Kerr an Infant by Kendall Lee his ???............... Plt. ag.st In Case Robert Short ..................................................... Def t. The Def t. not appearing. It is orderd on the motion of the Plt. by his attorney that an attachment Issue ag.st the sd. Def t. returnable to the next Court. Charles Fallen..................................................... Plt. ag.st In Case George Nicholas................................................. Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained agst. him & David Pickron his security at September Court last be confirmed And it is Considered by the Court that the Plt. recover agst. the sd. Deft. and the sd. David Pickron the Debt in the Declaration mentioned amounting to Eight Pounds Six Shillings Currt. Money together with his Costs by him in this behalf Expended. & the sd. Deft in Mercy etc. But this judgement (the costs excepted) is to be Discharged by the payment of Four pounds Three Shillings with Interest on the same at the rate of 5 % per annum to be Computed from the 16th day of February 1762 till the time of Payment. Ewel Alexander & Robert Walker execors. Of Anne Alexander deced. .. Plt. ag.st In Case Richard Pope and George Dameron ..................................................... Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained agst. him & Thomas Gaskins Gent. Sheriff of this County at September Court last be Confirmed And it is Considered by the Court that the Plt. recover agst. the sd. Deft. and the sd. Defts.and the sd. Thoms Gaskins the Debt in the Declaration mentioned amounting to Forty one Pounds five Shillings Currt. Money together with their Costs by them in this behalf Expended. & the sd. Deft in Mercy etc. But this judgement (the costs excepted) is to be Discharged by the payment of Twenty pounds twelve Shillings & six pence with Interest on the same at the rate of 5 % per annum to be Computed from the 10th day of March 1756 till the time of Payment. PAGE 28 James Thomas ..................................................... Plt. ag.st In Case Thomas Gill Junr.................................................. Def t. The Deft. not appearing, It is order'd that the conditional Judgement obtained against him and John Corbell his security at September Court last be confirmed & that a Writ of Inquiry of Damages be Executed next Court Charles Fallen ..................................................... Plt. ag.st In Case Robert Short ..................................................... Def t. The Deft. not appearing, on the motion of Charles Copedge, the conditional Judgement had agst. The deft. and Thomas Gaskins Gent. Sheriff of this County at September Court last is set aside. The sd. Copedge appearing to pay the Plt. his debt & costs in case the Deft & Joseph Moore his Security shall not be Able, Whereupon (with the Plt. absent) It is Conder'd by the Court that the Plt. recover agst. the sd. Deft. and the sd. Joseph Moore the Debt in the Declaration mentioned amounting to Twenty two Pounds Seventeen Shillings & six pence together with his Costs by him in this behalf Expended. & the sd. Deft in Mercy etc. But this judgement (the costs excepted) is to be Discharged by the payment of Eleven pounds eight Shillings & nine pence with Interest on the same at the rate of 5 % per annum to be Computed from the 20th day of August 1761 till the time of Payment. Ordered the Court be Adjourned till The Second Monday in January next. John Foushee At a Court Continued & Held for Northumberland County the 10th day of January 1763 Present George Ball Spencer M. Ball Gent. Justices Newton Keene Winder Kenner Ebenezer Nelms..................................................... Plt. ag.st In Case William Greenwood.............................................. Def t. This day came the Plt. by his attorney And the Deft. acknowledges the Plts. action for Seven pounds four Shillings Currt. Money. Therefore (with the plt. absent) it is Considered by the Court that he recover against the sd. Deft. the sd. Seven pounds four Shillings together with his Costs by him in this behalf Expended And the said Defendant in mercy etc. PAGE 29 Ordered that the Church wardens of St. Stephens Parish for the time being bind out Mary Parker orphan of Thomas Parker deced. To Richard Claughton Junr. According to Law. Present William Taite Gent. On the Petition of John Blincoe for a Road to his house through the land of Richard Lee Esq. Parish Garner, Lindsey Opie, Job Braughton & Griffin Fauntleroy or any three of them are appointed to view the place on Oath where the Petitioner wants the said road, And make report of the Conveniency & Inconveniency thereof to the Court. John Churchill, William Eustace, Martin Pickett and James Bell or any three of them are appointed to appraise on Oath in Current money, the slaves & Personal Estate of Samuel Blackwell deced. (in Faquier County) that shall be presented to their view & return an Inventory thereof to this Court. On the Petition of Lindsey Opie, Joseph Blackwell & Benjamen Waddy Guradian of William Nelms orphan of William Nelms deced. for their parts of the Estate of Saml. Nelms deced in the hands of William Downing (with the consent of the sd. Downing) William Hudnall, John Blackwell, William Eskridge & Jno Humphries or any three of them are appointed to possess the Petitioners with their partts of the sd. Estate after Settling all Accounts between the Estate Aforesd. & the said Wm. Downing & that they make report thereof to the Court. PAGE 30 10 January 1763 Ordered that the Church wardens of St. Stephens Parish for the time being bind out John Summers orphan of William Summers deced to Richard Claughton Junr. According to law Samuel Blackwell, Elisha Harcum and William Harcum are appointed to possess Stephen Chilton with the Estate of Thomas Hobson orphan of John Hobson deced in the hands of James Daughity & make report thereof to the Court. Rodham Neale, Griffin Fauntleroy, Mathew Neale and Lindsey Opie or any three of them are appointed to View the most Convenient place for a road Petitioned for by George Harrison through the land of John Smith Gent. & make report of their Proceedings on Oath to the next Court. The Petition of Ellis Harcum against thomas Airs is Dismissed. On the Petition of Richard Denny against James Tingle for Counter Security. It is ordered the Sherriff summon the sd. ?Tingle to appear at next Court. Joseph Ball is by the Court appointed Guardian to Sarah Hobson orphan of John Hobson deced he the sd Ball together with Joseph Dameron his Security having enterd into & acknowledged bond for the Estate of the sd Orphan in the Penalty of L100. The Petition of Kendall Lee & Edward Kerr admers. of George Kerr deced. against James Tingle & Rawleigh Tillery is Continued till next Court. James Craine & Rebecca his wife............................................. Plt. ag.st In Case William Cole and Anne his wife............................................... Def t. Dismissed by consent of parties Defts paying Costs, & on the plts motion the Acknowledgment in writing from under the hand of the sd. Defts is admitted to record. The Petition of Caleb Hammond against Joseph Denny is Dismissed the Plt. not appearing to prosecute. Present Joseph McAdam Gent. Orderd that the Churchwardens of St. Stephens Parish for the time being bind out Nancy Trap orphan of Moses Trap deced according to Law. The Petition of William Glascock Junr. Against John Tingle is Dismissed The Petition of William Townsend against Winefred Marsh is Continued till the next Court. PAGE 31 10 January 1763 Elizabeth Williams.......................................... Plt. ag.st In Detinue Elijah Williams................................................. Def t. This day came the parties by their attornies, And the Deft. saving to himself all manner of advantage as well to the Plts. Writ as Declaration prays & hath leave to imparte till the next Court and then to plead. Spencer Ball Gent....................................................................... Plt. ag.st In Case David Boyd & Eliza. Smith Exrs. of Thomas Smith Deced.......... Def t. The Defts not appearing It is orderd that Judgment be enterd for the Plt. against them the sd. Defts for what damages it shall appear the Plt hath Sustained to be Assertained by a jury unless the sd. Defts. Shall appear at the next Court & plead Giles Webb & Elizabeth his wife.................... Plt. ag.st Upon a Writ of Sci: Facies James Thomas.............................................. Def t. The Deft. being duly warned & not appearing, It is considerd by the Court that the Plt. recover against the sd. Deft. Fifty Shillings Currt. Money with Interest thereon from the 25th day of December 1761 till paid, and sixty one pounds of tobo. & seven shillings and Six pence, according to the force form & Excert of the Judgement in the writ of Sci: Facies mentioned together with their Costs by them in this behalf expended And the sd. Deft. in mercy etc. Charles Haynie..................................................... Plt. ag.st In Case John Cralle Senr.................................................... Def t. This day came the parties by their attornies, And the Deft. saving to himself all manner of advantage as well to the Plts. Writ as Declaration prays & hath leave to imparte till the next Court and then to plead. James Lamkin ..................................................... Plt. ag.st In Case James Craine ..................................................... Def t. This day came the parties by their attornies, And the Deft. saving to himself all manner of advantage as well to the Plts. Writ as Declaration prays & hath leave to imparte till the next Court and then to plead. PAGE 32 10 January 1763 Edwin Farned............................................... Plt. ag.st In Case William Eskridge................................................... Def t. This day came the parties by their attornies, and the Deft. filing his plea on the Motion of the Plt. time is given him till next Court to reply. Onesephorus Harvey Junr....Thomas Harvey and Onesephorus Harvey & Elizabeth his wife................................................Complts. ag.st In Chancery William Robuck & William Barrett Exors & ? of Robt. Robuck decd........ Def t. Robt. Robuck, George Robuck, Judith Hudson, Richard Rice and Mary his wife & Rawleigh Robuck This day came the parties by their attornies, And on the motion of Compts. Time is given them till next Court to file their Bill Samuel Garlington....................................... Plt. ag.st In Case George Dameron......................................... Def t. This day came the parties by their attornies, And the sd. Deft. prays oyer of the writing Obligatory in the declaration mentioned, which is granted him & the suit is Continued till the next Court. Ordered the court be Adjouned till the Second Monday in February next George Ball At a Court held for Northumberland county the 14th day of February 1763 Present John Foushee Spencer M. Ball George Ball Winder Kenner Gent Justices The last will and testament of Tarpley Oldham deced was Presented into Court by Leroy Oldham the Executor therein named who made Oath thereto according to law & being proved by the Witnesses is Admitted to Record. And on the motion of the sd Executor Giving security Certificate is granted him for obtaining a Probate thereof in due form Whereupon The sd Leroy Oldham together with Abraham Beacham & William Oldham his Securities entered into & acknowledged bond for the due Administration of the sd. Estate. PAGE 33 10 January 1763 Report of possessing Richard Hull Gent. with the Estate of Elizabeth & Sarah Hack orphans of Peter Spencer Hack deced in the hands of William Lancaster was this day returned & entered to be recorded. Report of Possessing George, Hannah and Sarah Anne Rogers with their parts of their fathers Estate was this day returned & ordered to be recorded. James Self, Mathias Self, Richard Straughan, John Beacham or any three of them are appointed to appraise on Oath in current money the slaves, if any, & Personal Estate of Tarpley Oldham deced that shall be presented to their view & return an Inventory thereof to the next Court. The last will and testament of Woolridge Smith deced was Presented into Court by Betty Smith the Executor therein named who made Oath thereto according to law & being proved by the Witnesses is Admitted to Record. And on the motion of the sd Executor Giving security Certificate is granted her for obtaining a Probate thereof in due form Whereupon she together with John Smith & Thomas Gill Jr. her Securities entered into & acknowledged bond for the due Admon. of the sd. Estate. John Cole, John Corbell, John Cockrell & Joseph Harcum or any three of them are appointed to appraise on Oath in Current money the slaves, if any, & Personal Estate of Woolridge Smith deced that shall be presented to their view & return an Inventory thereof to the next Court. Report of possessing Thomas Gaskins Gent. with the Estate of the Orphans of William Garlington deced was this day returned & ordered to be recorded. Present Newton Keene Gent. Orderd that the Churchwardens of St. Stephens Parish for the time being bind out Sarah Kesterson Daughter of William Kesterson deced according to Law. Present William Taite Gent. A letter from Presly Thornton Esq. to Joseph Wildey was Presented into court by the sd. Wildey & on his motion the same is Admittted to Record A letter from David Boyd Gent. to Joseph Wildy was Presented into Court bythe sd. Wildy & on his motion the same is Admitted to Record. PAGE 34 10 January 1763 A bond from Thomas Corbell to Joseph Wildey was proved by one of the witnesses thereto, and admitted to Record. The last will and testament of Samuel Davis deced was Presented into Court by Robert Davis one of the Executor therein named who made Oath thereto according to law (Mary Davis Widow of the sd Samuel having disented to the sd. will) and being proved by the Witnesses is ordered to be Recorded. And on the motion of the sd Executor Giving security Certificate is granted him for obtaining a Probate thereof in due form Whereupon the sd Robert together with Thomas Cotrell & Joseph Ball his Securities entered into & acknowledged bond for the due Admon. of the said Estate. Absent George Ball Gent Persent Saml. Blackwell The Persons appointed to lay off & value an Acre of Land belonging to Isaac Gaskins and James Waddy convenient for John Heath to build a water Mill & to put him in possession of the sd Acre of land this day made their report which is orderd to be Recorded & the Possession of the sd land Established to the sd. John Heath according to Law. Report of possessing John Webb with John Blundalls Estate was this day returned & orderd to be recorded. A Bond from Elijah Humphries, Joseph Ball & Richard Nutt to William Oldham was proved by three of the Witnesses thereto & admitted to record. On the motion of Samuel Garlington who made oath according to law Certificate is granted him for obtaining letters of administration of the Estate of Maurice Garlington deced. In due form giving Security, whereupon he together with George Ball his Security entered into & acknowledged Bond for the due admon. Of the sd. Estate. James Waddy, George Ingram, George Dameron & Joseph Mott or any three of them are appointed to appraise on Oath in current money the slaves, if any, & Personal Estate of Maurice Garlington deced that shall be presented to their view & return an Inventory thereof to the next Court. An inventory and Appraisement of the Estate of Baldwin Mathew Smith deced. was this day returned & ordered to be Recorded. Judgement upon petition is granted to Kendall Lee & Edward Kerr Admrs. of George Kerr deced. Against James Tingle and Rawleigh Tillery for Forty two shillings & three pence due by Bond which is ordered to be paid with Interest thereon from the first day of January 1756 till the time of payment & costs. PAGE 35 10 January 1763 John Townsend being Eleven years old is by the Court bound to Francis Yeates until he arrives to the age of Twenty one years, On Consideration of which the said Yeates is to learn him the trade of a Taylor & to provide for him such Necessaries as by law is Required. For the due Performance of which the sd Francis Yeates together with William Bailey his Security acknowledged themselves indebted to the Justices now setting in the sum of 5000 lb. tobo. Spencer Corbell, Nicholas Hughlett, David Pickron and Benjamen Welch or any three of them are appointed to appraise on Oath in current money the slaves if any, & Personal Estate of Samuel Davis deced that shall be presented to their view & return an Inventory thereof to the next Court. Report of possessing Lindsey Opie, Joseph Blackwell & Benjamen Waddy with part of Samuel Nelms's Estate was this day returned & ordered to be recorded. Report of the Settlement of Samuel Nelms's Estate was this day returned. And orderd to be Recorded. A Bill of Sale from Charles & Billington McCary to John Hunton was Proved by the witness & admitted to be Recorded An Inventory and Appraisment of the Estate of Quilla Kesterson deced was this day returned & orderd to be Recorded. An Indenture of Feoffment from William Eskridge of the one part to George Harvey of the other part was Acknowledged by the sd Eskridge & admitted to Record. An Indenture of Feoffment from George Harvey of the one part to William Eskridge of the other part was Acknowledged by the sd Harvey & admitted to Record. Elizabeth Garlington is by the Court appointed Guardian to John Garlington orphan of William Garlington deded. She the sd. Elizabeth with Ezekiel and Joseph Hudnall her securities having enterd into & acknowledged bond for the Estate of the sd. orphan in the penalty of L300. Upon the petition of Mary Walker against Francis Roles for ill usage to her son. It is orderd that unless the sd. Roles give better usage to the sd. Orphan that he be discharged from his Service. Report of Viewing a place for a road Petitioned for by John Blincoe through the land of Richard Lee esq. Was this day returned. & it is orderd that the same be recorded & that the place mentioned in the sd. report be Established as a road. Unless a Cause be made by the sd. Lee where it is agreed on by him & the sd Blincoe. PAGE 36 10 January 1763 Charles Haynie............................................. Plt. ag.st In Trespass John Lewis ..................................................... Def t. The parties by rule of the Court submitted all matters in Differance between them in this suit to the final determination of Thomas Jones and William Eskridge and agreed that their award thereupon should be made the Judgement of the Court the sd. arbitrators this day Returned their award upon the Premises in these words, to wt, "Pursuant to an order of North d. County Court appointing us the Subscribers to determine a Suit depending in sd. Court between Charles Haynie Plt. & John Lewis Deft. concerning damage for a horse belonging to sd. Haynie said to be shot by the sd Lewis. Upon hearing the Evidence produced bythe Sd. Plt. & deft. and hearing their allegations, We are of Opinion that the sd. Lewis should pay all costs and Charges arisingn upon hte sd. Suit, Given under out hands this 14th day of February Anno. domini 1763 Thos. Jones Wm. Eskridge Whereupon it is Considered by the Court that the Plt. recover agst the sd. Deft his costs by him in this behalf Expended according to the award above mentioned. Judgement upon petition is granted to William Taylor Jones against John Efford for three pounds five Shillings according to the award of Samuel Eskrige and Samuel Steal, this day returned , which is orderd to be paid with Costs. Present George Payne Gent. The Persons appointed to lay off a road Petitioned for by George Harrison through the Land of John Smith Gent. this day returned their report which was approved by the sd. Smith And on hearing the allegations of each party, It is orderd that if the said Smith shall make a good road from the Hill by him proposed to the road leading to Lamkins Mill, that the sd. Harrison make use of such as a Public one. And after clearing the same, John Foushee, Spencer M. Ball & Rodham Kenner Gent. or any two of them are appointed to View the Sd. Road & make report thereof to the Court. Robert Woddrop ..................................................... Plt. ag.st In Debt John Heath ..................................................... Def t. This day came the parties by their attornies, And the Deft filed his Bill of Injunction on Oath & It is ordered that Execution on the whole Judgment be Stayed until the matter thereof be tryed in Equity. From which the Plt. prayed and appeal to the Eleventh day of the next General Court which is allowed PAGE 37 10 January 1763 Upon the complaint of Hannah Humphris against William Haynie, the said, Humphries having taken the usual Oath. It is orderd that the sd Haynie give Surety for his good behaviour, Whereupon the sd William Haynie together with Isaac Haynie and Richard Nutt his Securities came into Court & acknowledged themselves Severally Indebted to our Soverign Lord George the third esq. the Principal in the Sum of Forty pounds and the Securities in the Sum of Twenty pounds each of their Respective goods & chattles Lands & Testaments to be Levied & to our sd Lord the King his Heirs & Successors renderd, Yet upon this condition that if the sd William Haynie shall well behave himself towards his Majesty and all his Leige People & more Especially towards the sd Hannah Humphries for the space of one whole year now next Ensuing, Then this Obligation to be Void, Otherwise to remain in full force. Orderd that William Haynie pay unto Hannah Humphris Twenty five pounds of tobo. For one days attendance at this Court as a Witness for Our Soverign Lord the King against the sd. Haynie Orderd that William Haynie pay unto Jonathen Edwards twenty five pounds of tobo. For one days attendance at this Court as a Witness for Our Soverign Lord the King against the sd. Haynie Orderd that William Haynie pay unto Winefred Edwards Twenty five pounds of tobo. For one days attendance at this Court as a Witness for Our Soverign Lord the King against the sd. Haynie Ordered the Court be Adjourned till the Second Monday in March next. John Foushee At a Court Held for Northumberland County the 14th day of March 1763 Present Spencer Ball William Taite Gent. Justices John Foushee Newton Keene Deed of Trust from John Baylis of the one part to William Thomas Junr. Of the other part was acknowledged by the said John Baylis & admitted to be recorded. PAGE 38 14 March1763 Fielding Coward, Son of William Coward being Seventeen years old in April next is by the court bound to Allen Long Shiverill until he arrives to the age of Twenty one years. On Consideration of which the said Shiverill is to learn him to Read, Write & Cypher as also to teach & Instruct him in the Art & trade of a Ship Carpenter & to provide for him such Necessaries as by law is required. For the due Performance of which the said Shiverill together with Griffin Fauntleroy and John Douglass his Securities acknowledged themselves Indebted to the Justices now Sitting in the Penalty of 5000 lb. tobo. Report of Viewing Road between John Smith Gt. and George Harrison was this day Returned and Ordered to be Recorded. On the Petition of Malacy Hammonds, It is orderd the Sherriff Summon George Ball and Richard Timberlake to appear at next Court. A Deed of Testament from John Hunton & Frances his wife of the one part to David Galloway of the other part, with the Memd. of the Livery & Seixen & the Receipt theron Indorsed, was acknowledged by the said John & Frances Hunton & admitted to Record, Previous to which the sd Frances being first Privately Examined freely Relinquished her right of Dower in the Premises thereby conveyed. Judgement is granted unto William Haynie on an order for Attendance against Joseph Humphris for Seventy five pounds of Tobo which is orderd to be paid with Costs. Edwin Garlington orphan of Christopher Garlington deced made Choice of George Conway for his Guardian who is approved of by the court, he the said George Conway together with John Kirk and James Conway his Securities having enterd into & acknowledged bond for the Estate of the said Orphan in the Penalty of L1000 Currt. Money. Walter Jameson, James Champion, Ezekiel Hudnall and Joseph Hudnall or any three of them are appointed to posess George Conway with the Estate of Edwin Garlington Orphan of Christopher Garlington deced. In the hands of Thomas Hurst & make report thereof to the Court William Taylor is by the Court appointed Surveyor of the road in the room of Thomas Everitt And it is order'd that forthwith Clear & keep the said Road by him formerly Cleared in Repair according to Law. PAGE 39 14 March1763 John Nutt orphan of Farnefold Nutt deced is by the Court bound to John Nutt until he arrives to the age of Twenty one years. On Consideration of which the said Jno. Nutt is to learn him the trade of a Carpenter & to provide for him such Necessaries as by law is required. For the due Performance of which the said John Nutt together with Joseph Nutt and John Knight his Securities acknowledged themselves Indebted to the Justices now Sitting in the Penalty of 5000 lb. tobo. A Deed of Gift from Samuel Eskridge and Mary his wife of the one part to William Lewis of the other part, was Acknowledged byte sd. Samuel & Mary Eskridge & admitted to Record Previous to which th said Mary being first Privately Examined freely relinquished her right in the premises thereby conveyed. Present Spencer M. Ball Gent. An Inventory and Appraisement of the Estae of Samuel Davis was this day returned and order'd to be Recorded. Thomas Cotrell, Benjamen Welch and John Gaskins are appointed to lay off and allott to Mary Davis Widow to Samuel Davis deced her thirds of the Land of the said deced. as also to possess her with her part of the Personal Estate in the hands of Robt. Davis the Executor who consents thereto & make report thereof to the Court. John Knight is appointed Surveyor of the road in the room of Richard Nutt, & it is order'd that he forthwith Clear & keep the said Road by him formerly Cleared according to Law. The Information of the Churchwardens of St. Stephens Parish against Sarah Collins is Continued till the next Court. Benjamen Bussell & William Taylor Jones Assignees of.. William Taite and William Eskridge was assignees of Penuel Bussell ..................................................... Plt. ag.st In Debt James Foushee..................................................... Def t. William Taite Gent. of this County undertakes for the Def t. that in case he shall be Cast in this suit he the said Def t. will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that he the said William Taite will pay the said Condemnation or render the Body of the sd. Def t. as aforesaid Whereupon the said Def t. saith that he hath paid the Debt in the Declaration mentioned. & of this he puts himself upon the county and the Plt. likewise. Whereupon the tryall of the Issue is Refferr'd till the next Court. 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