Northumberland County Virginia USGenWeb Archives Court.....1762-1766 Pages 161-200, 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, 2:02 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/ Benjamen Northern Execor. of Thomas Lowther deced. ......................................... Plt. ag.st In Case Beverly Keeve........................................ Def t. This day came the parties by their attornies, And thereupon came also a jury, to wit. Samuel Eskridge Joseph Ball, Kenner Cralle, William Langsdon, William Oldham, Richard Nutt John Blackwell, Isaac Haynie, Daniel Betts, Francis Beckley, Ewell Alexander and William Mott who being elected tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Defts. said Testator did Assume in manner & form as the Plt. against him hath declared. And they do Assess the Plts Damage by Occasion of the nonperformance of that Assumption to Five pounds Eighteen Shillings and Seven Pence Currt. money besides his Costs. Therefore it is Considerd by the court that the Plt. recover against the sd. Deft. his Damages Aforesaid in form Aforesaid Assessed & his Costs by him in his behalf Expended. to be levied of the goods and Chattles of the sd. Testator in the hands of the sd. Executor if so much thereof he hath in his hands to be Administred And if he hath not that then the Costs to be levied of his proper goods and Chattles, And the Deft. in mercy etc. Henry Berkley......................................... Plt. vs. In Debt John Attwood........................................ Def t. This day came the parties by their attornies, And thereupon came also a jury, to wit. Samuel Eskridge, Kenner Cralle, William Langsdon, William Oldham, Richard Nutt, John Blackwell, William Mott, Isaac Haynie, Daniel Betts, Francis Beckley, Ewell Alexander and Elias Alexander who being elected tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Deft. doth owe to the Plt. the Debt in the Decl’r mentioned And they do Assess the Plts Damage by Occasion of the Defts. the nonPayment thereof to one penny besides his Costs. Therefore it is Considerd by the court that the Plt. recover against the sd. Deft. his Debt amounting to Ten pounds Currt. money together with the one penny Damage and his Costs by him in this behalf expended. And the sd. Deft. in mercy etc. But this Judgement (the damage & the Costs Excepted is to be discharged by the paymt. of five pounds Currt. money with Interest on the same at the rate of 5% per annum to be computed from the 10th day of February 1761 till the time of payment. and it is order’d that Joseph Ball who was Security for the Plts. Costs have the Sole benefit of this Judgm’t Ordered that Benjamen Northern pay unto Elisha Harcum One hundred pounds of Tobo. for four days Attendance at this Court as a Witness for the said Northern against Beverly Keeve Exor. of Ellis Gill deced. Page 161 16 June 1763 John Swift......................................... Plt. ag.st In Trespass John Berry........................................ Def t. Dismissed, being agreed by the parties Orderd that John Attwood pay unto Elisha Betts Seventy five pounds of Tobo. for three days Attendance at this Court as a Witness for him at the suit of Henry Berkley Orderd that Henry Berkley pay unto Sarah Bryant One hundred & fifty pounds of Toboacco for Six days Attendance at this Court as a Witness for the said Berkley agst. John Atwood. Orderd that Henry Berkley pay unto Thomas Bryant Two hundred pounds of Tobo. for Eight days Attendance at this Court as a Witness for the sd. Berkley agst. John Atwood. Francis Beekley......................................... Plt. ag.st In Trespass Assault & Battery John Corbell........................................ Def t. Continued John Wallace......................................... Plt. ag.st In Trespass Assault & Battery Elias Edmunds........................................ Def t. This day came the parties by their attornies, And thereupon came alsoa jury, to wit. Elisha Betts, William Corbell, John Rogers, William Thomas, Onesiphorus Harvey, Mathew Neale, William Palmer, William James, James Sims, William Webb Beverly Keeve and Elisha Harcum who being elected tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Deft. is not guilty of the Tresspass Assault & Battery in the Declaration mentioned. Therefore it is Considerd by the court that the Plt. take nothing by his Bill but for his false Clamour be in mercy, etc. And that the Deft. go hence without day and recover against the Plt. his costs by him about his Defence in this behalf expended. William Lancaster......................................... Plt. ag.st In Case Benjamen Waddy........................................ Def t. Dismissed being agreed by the Parties. Richard Timberlake......................................... Plt. ag.st In Case Banjamen Northern Execor. of Thos Lowther deced........... Def t. Continued Page 162 16 June 1763 Orderd that Elias Edmunds pay unto William Trussell Twenty five pounds of tobo. for one days Attendence at this Court as a Witness for the sd. Edmunds at the Suit of John Wallace. Samuel Mahanes ......................................... Plt. ag.st In Detinue Robert Woddrop........................................ Def t. Continued Onesiphorus Harvey......................................... Plt. ag.st In Case George Pitman........................................ Def t. This day came the parties by their attornies, who waving the Issues where of they had put themselves upon the County the sd. Deft. saith that he Acknowledges the Plts. action for Seven punds Sixteen Shillings and ten pence half penny Currt. money. Therefore (with the Plts. Assent) it is considered by the court that he recover agst. the sd. Deft the sd. L7...16...10 ½ together with his Costs by him in his behalf Expended, And the sd. Deft in mercy, etc. George and William Bucks......................................... Plt. ag.st In Case Presly Cockrell........................................ Def t. Continued The jury yesterday sworn to try the Issue Joyned between Daniel Betts Plt. and Isaac Haynie Junr. & Robert Crowther Junr. Defts. upon their oaths do say that the Defts are Guilty of the Trespass, Assault & Battery in the Declaration mentioned. And they do assess the Plts. Damage by Occasion thereof to Thirty nine Shillings Currt. money, besides his costs. Whereupon on the motion of the Parties a new tryal is granted them by another Jury at the next Court. William Corbell......................................... Plt. ag.st In Case Thomas Cotrell........................................ Def t. This day came the parties by their attornies, And thereupon came also a jury, to wit. Samuel Eskridge, Kenner Cralle, William Langsdall, William Oldham, Richard Nutt, John Blackwell, Isaac Haynie, Daniel Betts, Francis Beckley, Ewell Alexander, William Mott & Elias Edmunds who being elected tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Deft. did assume as to four pounds three Shillings & nine pence part of the Sum in the Declaration mentioned and no more. And do Assess the Plts Damage by Occasion of the Defts. nonPerformance of that Assumption to the sd. four pounds three Shillings and nine pence. Therefore on the Prayer of the Deft. by his attorney, It is Considerd that the Plt. be nonsuited and that the Deft. recover against the Plaintiff Page 163 16 June 1763 five Shillings damages according to law, and his Costs by him about his defence in this behalf expended. Ordered that Thomas Cotrell pay unto John Rogers One hundred pounds of Tobo for four days Attendance at this Court as a Witness for the sd. Cotrell at the Suit of William Corbell. Ordered that Thomas Cotrelll pay unto Stephen Corbell One hundred pounds of Tobo for four days Attendance at this Court as a Witness for the sd. Cotrell at the Suit of William Corbell. Ordered that William Corbell pay unto William Doggett One hundred pounds of Tobo for four days Attendance at this Court as a Witness for the sd. Cotrell at the Suit of Thomas Cotrell. Ordered that William Corbell pay unto Thomas Lucas One hundred pounds of Tobo for four days Attendance at this Court as a Witness for the sd. Cotrell at the Suit of Thomas Cotrell. Richard Stuckey Junr..................................... Plt. ag.st In Trespass, Assault & Battery William Webb and John Webb....................... Def t. This day came the parties by their attornies, And thereupon came also a jury, to wit. Elisha Betts, William Corbell, William Thomas, Onesiphorus Harvey, Mathew Neale, William Palmer, William James, James Sims, Job Braughton, , Beverly Keeve, Elisha Harcum and Giles Webb who being elected tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Defts. are guilty in manner and form as the Plt. against them hath declared. And they do Assess the Plts. damages by Occasion thereof agst the Deft. William Webb to Five pounds Currt. money and agst. the other Deft. John Webb to one penny besides his Costs Therefore it is Considerd by the court that the Plt. recover against the sd. Defts. his Damages aforesaid in form Aforesaid Assessed. And his Costs (agst. William Webb) by him in htis behalf expended. And the sd. Defts in mercy etc. Ordered that Richard Stuckey Junr. pay unto Richard Stuckey one hundred pounds of Tobo for four days Attendance at this Court as a Witness for the sd. Stuckey Junr. against William and John Webb. Ordered that Richard Stuckey Junr. pay unto John Efford one hundred pounds of Tobo for four days Attendance at this Court as a Witness for the sd. Stuckey Junr. against William and John Webb. Page 164 16 June 1763 Ordered that William Webb pay unto George Nichols one hundred pounds of Tobo for four days Attendance at this Court as a Witness for them at the suit of Richd. Stuckey Ordered that William Trussell pay unto William Bussell one hundred pounds of Tobo for four days Attendance at this Court as a Witness for the him at the Suit of Hunters Campbell & Comp. David Galloway ......................................... Plt. ag.st In Case Kenner Cralle Admor. of William Payne...... Def t. Continued Robert Woodrop..................... Plt. vs. In Debt Robert Clarke........................................ Def t. This day came the parties by their attornies, who waving the Issue whereof they had put Themselves upon the County the Said Deft. saith that he cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the sd. Deft. the debt in the declaration mentioned amounting to One hundred and Eleven pounds three Shillings and a half penny together with his costs by him in this behalf expended and the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be Discharged by the payment of Forty one pounds Eighteen Shillings and ten pence farthing with Interest on the same at the rate of 5 per cent per annum to be Computed from the 12th day of August 1760 till the time of payment. Orderd that Isaac Haynie Junr. & Robert Crowther pay unto Peter Chapman Fifty pounds of Tobo for two days Attendance at this Court as a witness for the sd. Haynie & Crowther at the suit of Daniel Betts. William Dameron ......................................... Plt ag.st In Case Charles Colston........................................ Def t. Continued Elizabeth Hill ......................................... Plt. vs. In Debt Kenner Cralle, admor of William Payne deced.... Def t. Continued John Sydnor......................................... Plt. ag.st Upon a Writ of Seci Ha. John Beacham........................................ Def t. Continued Spencer Corbell......................................... Plt. vs. In Debt William Glascock Junr......................................... Def t. Continued Page 165 16 June 1763 Ordered that Daniel Betts pay unto William James One hundred pounds of Tobo. for four days Attendance at this court as a Witness for the sd. Betts against Isaac Haynie and Robert Crowther Elizabeth Williams ......................................... Plt. ag.st In Detinue Elijah Williams........................................ Def t. Continued William Roane......................................... Plt. ag.st In Case James Lamkin........................................ Def t. This day came the Plt. by his attorney, And thereupon came also a jury, to wit: Eben Nelms; John Hughlett, Cuthbert Ellistone, Stephen Chilton, James Sims Thomas Cotrell, William Palmer, Edwin Farned, Elisha Betts, Onesephorus Harvey Beverly Keeve and John Efford, who being Sworn well and truly to Enquire of Damages in this Suit upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. breach of the Promise in the Declaration mentioned to Seven pounds fifteen Shillings Currt. money besides his costs. Therefore it is Considered by the Court that the Plt. recover against the sd. Deft. and Robert Clarke Samuel Eskridge, Job Braughton, John Efford, James Foushee and James Craine his securities his Damages Aforesaid in form Aforesaid assessed & his Costs by hin in this behalf Expended, And the sd. Deft. in mercy etc. David Galloway......................................... Plt. ag.st In Case Patrick Mealey........................................ Def t. This day came the Plt. by his attorney, And thereupon came also a jury, to wit: Eben Nelms; John Hughlett, Cuthbert Ellistone, Stephen Chilton, James Sims, Thomas Cotrell, William Palmer, Edwin Farned, Elisha Betts, Onesephorus Harvey, Beverly Keeve and John Efford, who being Sworn well and truly to Enquire of Damages in this Suit upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. breach of the Promise in the Declaration mentioned to Six pounds twelve Shillings and ten pence half penny Currt. money besides his costs. Therefore it is Considered by the Court that the Plt. recover against the sd. Deft. and George Harvey his security his Damages Aforesaid in form Aforesaid assessed & his Costs by hin in this behalf Expended, And the sd. Deft. in mercy etc. Ordered that Isaac Haynie & Robert Crowther pay unto Farnifold Nutt Fifty pounds of tobo for two days Attendance at this Court as a Witness for them at the Suit of Daniel Betts. Page 166 16 June 1763 Spencer Ball Gent............................. Plt. ag.st In Case David Boyd & Elizabeth Smith Exors of Thos. Smith deced.......... Def t. This day came the Plt. by his attorney, And thereupon came also a jury, to wit: Eben Nelms; John Hughlett, Cuthbert Ellistone, Stephen Chilton, James Sims Thomas Cotrell, William Palmer, Edwin Farned, Elisha Betts, Onesephorus Harvey Beverly Keeve and John Efford, who being Sworn well and truly to Enquire of Damages in this Suit upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Testators breach of the Promise in the Declaration mentioned to Ninety one pounds four Shillings and two pence Currt. money besides his costs. Therefore it is Considered by the Court that the Plt. recover against the sd. Deft. his Damages Aforesaid in form Aforesaid assessed & his Costs by him in this behalf Expended, to be levied of the goods and chattels of the sd. Testator in the hands of the Sd. Executors if so much thereof they have in their hands to be Administered. And if they have not that then the costs to be levied of the proper goods and chattles of the sd. Executors. And the sd. Deft. in mercy etc. Elizabeth Taylor......................................... Plt. ag.st In Case George France Admr. of Elizabeth France, decec.... Def t. This day came the parties by their attornies, And thereupon came also a jury, to wit. Samuel Eskridge, Kenner Cralle, William Langsdall, William Oldham, Richard Nutt, William Mott, John Blackwell, Isaac Haynie, Daniel Betts, Francis Beckley, Ewell Alexander, & Elias Edmunds who being elected tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Deft. did assume as to Fifty Seven Shillings and Eleven Pence part of the Sum in the Declaration mentioned and no more. And do Assess the Plts Damage by Occasion of the Defts. nonPerformance of that Assumption to the sd. Fifty seven Shillings and eleven pence. Therefore on the Prayer of the Deft. by his attorney, It is Considerd that the Plt. be nonsuited and that the Deft. recover against the Plaintiff five Shillings Damages according to law and his Costs by him about his defence in this behalf Expended. Ordered that Elizabeth Taylor pay unto Elenor Courtney Seventy five pounds of Tobo. for three days attendance at this Court as a witness for her against George France. Orderd that Elizabeth Taylor pay unto Job Braughton Seventy five pounds of Tobo. for three days attendance at this Court as a witness for her against George France. Page 167 16 June 1763 Orderd that Elizabeth Taylor pay unto Elizabeth Lunsford one hundred pounds of Tobo. for four days attendance at this Court as a witness for her against George France. Orderd that Elizabeth Taylor pay unto Jane Davis Seventy five pounds of Tobo. for three days attendance at this Court as a witness for her against George France. Orderd that George France pay unto Edwin Farned Fifty five pounds of Tobo. for two days attendance at this Court as a witness for her against Elizabeth Taylor. Orderd that George France pay unto Mary Cox twenty five pounds of Tobo. for one days attendance at this Court as a witness for her against Elizabeth Taylor. Orderd that George France pay unto Peter Hall Fifty five pounds of Tobo. for two days attendance at this Court as a witness for her against Elizabeth Taylor. Ordered the court be Adjourned till the second Monday in July next. Spencer Ball At a Court Held for Northumberland County the 11th day of July 1763 Present Spencer Ball George Ball Gent Justices John Foushee William Taite Winnefred Barrett orphan of George Barret deced came into Court and made Choice of Mayes Fletcher for her Guardian who is approved of by the Court. he the sd. Fletcher together with Jesse Copedge his Security having entered into & acknowledged bond for the Estate of the sd. orphan in the Penalty of Five hundred pounds Currt. money An indenture of Feoffment from William Dameron and Harris his wife of the one part to John Hardridge of the other part was Proved by the Oaths of Joseph Hardridge Wiloughby Churchill & Thomas Bell Witnesses thereto together with the memo of the Livery and Seizen and the Receipt therereon Indorsed. And Admitted to Record Previous to which the sd. Harris being first Privately Examined freely relinquished her right of Dower in the Premises thereby Conveyed. Moses Lunsford, William Angell, William Taylor and William Parrot or any three of them are appointed to Possess Mayes Fletcher with the Estate of Winefred Barret orphan of George Barrett dece’d in the hand of Owen Fletcher & William Barrett & make report thereof to the Court. George Dameron is by the court appointed Surveyor of the Road in the room of David Ball Junr. And it is order’d that he with the male Labouring Tithables in that Precinct Clear & keep the sd. Road in Repair according to Law. Page 168 17 July 1763 Report of the settlement and Division of the estate of Ellis Gill deced was this day Returned and Ordered to be recorded. William Mott is by the court appointed Surveyor of the road in the room of Travers Downman. And it is order’d that he with the Male Labouring Tithables in that Precinct Clear & keep the sd. road in repair according to Law Upon the complaint of John Knight against John Swanson & Margaret his wife. the said Knight taking the usual oath. It is order’d that they give Security for their good Behaviour Whereupon the said John and Margaret Swanson together with John Heath and Charles Copedge their securities Came into Court & Acknowledged themselves severally Indebted unto our Sovereign Lord George the third etc. The said Swanson & wife in the sum of Twenty pounds and the said Heath & Copedge in the sum of Ten pounds each of their Respective goods and Chattles Lands & Tenements to be Levied & to our sd. Lord the King his Heirs and Successors Render’d. Yet upon this Condition that if the sd. John Swqanson and Margaret his Wife shall well behave themselves towards his Majesty and all his Leige people, and more Especially towards the sd. John Knight for the space of one whole Year now next Ensuing. Then this Recognizance to be Void. Otherwise to remain in full force and virtue. On the petition of Malacy Hammonds against George Ball & Richard Timberlake Exos. of Francis Timberlake deced. Judgment is granted the said Petitioner (with the consent of the said executors) against them for Four pounds ten Shillings Currt. money which is order’d to be paid with Costs. Order’d that John Swanson and Margaret his wife pay unto Charles Lunsford Twenty five pounds of Tobo. for one days Attendance at this Court as a Witness for our Soverign Lord the King against them. Order’d that John Swanson and Margaret his wife pay unto Hopkins Harding Twenty five pounds of Tobo. for one days Attendance at this Court as a Witness for our Soverign Lord the King against them. Order’d that John Swanson and Margaret his wife pay unto Leah Webb Twenty five pounds of Tobo. for one days Attendance at this Court as a Witness for our Soverign Lord the King against them. Report of Possessing Onesiphorus Harvey with Craven Everitts Estate was this day returned & order’d to be Recorded. William Hudnall, Eben Nelms and John Humphries are appointed to possess Ann Burch with her part of her deced father’s Estate in the hands of William Downing. And make Report thereof to the Court. Page 169 17 July 1763 A bond from Thomas Princhard to Thomas Gaskins was Proved by the Oaths of John Leeland and Walter Jameson two of the witnesses thereto & admitted to Record On the Petition of Mary Walker against Francis Roles for ill usuage of her Son John Burros. On hearing the Witnesses of each party and this being the Second Complaint, It is orderd that the sd. John Burros be discharged from the sd. Roles In Indenture of Bargain and Sale from Patrick Mealey of the one part To Joshua Townsend of the other part with the receipt thereon Indorsed was Acknowledged by the said Mealey & Admitted to Record An Indenture of Feeoffment from John Williams of the one part to Elisha Harcum of the other part, with the Memorandum of the Livery of Seizen and the Receipt thereon Indorsed was Acknowledged by the said John Williams & Admitted to Record. A Bond from Thomas Gill Junr. to Elisha Harcum was Acknowledged by the said Gill and Admitted to Record. Orderd that the Churchwardens of St. Stephens Parish for the time being bind out John Burrows an Orphan according to Law. Judgement upon Petition is granted to Richard Nutt against William Lancaster for Three pounds ten Shillings due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to Richard Kenner against William Sullivant for Twenty Shillings due by Account which is orderd to be paid with Costs. Orderd that Richard Kenner pay unto John Alexander Twenty five pounds of tobo for one days Attendance at this Court as a Witness for the sd. Kenner agst Wm. Sullivant. Orderd that Richard Kenner pay unto William Doggett Twenty five pounds of tobo. for one days Attendance at this Court as a witness for the sd. Kenner against William Sullivant. Ordered that James Lamkin pay unto Richard Crute Four hundred and Seventy five pounds of tobo. for one days Attendance as a Witness for him against William Trussell & for coming and Returning One hundred & fifty miles once as also Five Shillings and three pence for ferriages according to Law. Judgment upon Petition is granted to David Galloway against James Foushee for three pounds Eight Shillings and Eleven pence due by Account which is ordered to be paid with Costs. Page 170 17 July 1763 Judgment upon Petition is granted to Thomas Toulson against James Thomas for five hundred pounds of tobo. due by Account which is orderd to be paid with Costs Judgment upon Petition is granted to William Davenport against Sarahann Hack for Three and a half Barrels of Indian Corn or Fifty two Shillings and Six pence due due by Account which is ordered to be paid with Costs. Judgment upon Petition is granted to Joseph Ball Execor. of William Haynie deced. --- against William Webb for Four pounds Six Shillings and one penny three farthings due by Account which is orderd to be paid with Costs. Charles Nelson......................................... Plt. ag.st In Case William Bentley........................................ Def t. The Deft. being arrested. It is orderd on the motion of the Plt. by his attorney that an Alias Pluries Capias Issue against the sd. Deft. returnable to the next Court Thomas Simpson ......................................... Plt. ag.st In Case John Kirkley........................................ Def t. The Deft. not appearing. It is orderd on the motion of the Plt. by his attorney. that an Alias Pulries Capias Issue agst. the sd. Deft. returnable to the next Court. David Galloway......................................... Plt. ag.st In Case Henry Christopher........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. against him the said Deft and Elias Edmunds his security for what Damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be assertained by a jury unless the sd. Deft. Shall appear at the next Court & Plead John Cralle......................................... Plt. ag.st In Case Charles Haynie........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. against him the said Deft and Samuel Eskridge his Security for what Damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be assertained by a jury unless the sd. Deft. Shall appear at the next Court & Plead Barbee Davis......................................... Plt. ag.st In Debt William Greenwood............................... Def t. Dismissed by consent of parties. Deft. paying Costs. Page 171 17 July 1763 John Tarpley Gent.......................................... Plt. ag.st Upon a writ of Sci. Hacies John Blincoe........................................ Def t. This day came the Plt. by his attorney. and the Deft. not appearing. It is considerd by the Court that the Plt. have Execution against him of the Nine pounds there Shillings and Seven pence Currt. money. Seven hundred and Seventeen pounds of tobo. & fifteen Shillings or One hundred and fifty pounds of tobo. in the Writ of Sci. Hacies mention’d and also that he recover against the sd. Deft his Costs by him in this behalf Expended And the sd. Deft in mercy etc. Robert Woddrop......................................... Plt. ag.st In Debt William Greenwood........................................ Def t. This day came as well the Plt. by his attorney as the Deft. in his proper person. And the sd. Deft. together with Joseph Ball and Benjamen Waddy his Securities Saith that they cannot gainsay the Plts. action. Therefore it is Considerd by the Court that the Plt. recover against the sd. Deft. and the sd. Joseph Ball and Benjamen Waddy the Debt in the Declaration mentioned amounting to Seventy one pounds Eleven Shillings and ten pence Currt. money together with his Costs by him in this behalf expended. and the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of Thirty five pounds fifteen Shillings and Eleven pence with Interest on the same at the rate of 5% per Annum to be Computed from the 21st day of September 1762, till the time of payment. And the Plt. agrees to Stay Execution till January Court 1764 Robert Woddrop......................................... Plt. ag.st In Debt William Greenwood........................................ Def t. This day came as well the Plt. by his attorney as the Deft. in his proper person. And the sd. Deft. together with Joseph Ball and Benjamen Waddy his Securities acknowledge the Plts. Action for L25..4..1 1/4 Currt. money. Therefore, with the Plts. Assent, it is Considerd by the Court that he recover agst. the sd. Deft. and the sd. Joseph Ball and Benjamen Waddy the said Twenty five pounds four Shillings and one penny farthing together with his Costs by him n this behalf expended. And the Plt. agrees to stay Execution till January Court 1764 Page 172 17 July 1763 The presentment of the Grandjury against Frances Mahanes and Winefred Harcum is Dismissed. Spencer Ball, Newton Keene and John Eustace Gent. are by the Court Recommended to the Honble the Governor as proper persons to Execute the Office of Sherriff of this County for the Ensuing Year John Kennedy......................................... Plt. ag.st In Case Isaac Haynie Junr......................................... Def t. Dismissed by Consent of Parties Deft. paying Costs and three pence Currt. money. Messrs. Hunters Campbell & Compa......................... Plt. ag.st In Debt James Mealey........................................ Def t. Robert Clarke and John Smith (C. H.) this day in Court undertakes for the Deft. that in case he should 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 & Smith will pay the said Condemnation or render the Body of the sd. Def t. as aforesaid Whereupon the said Def t. by his attorney prays Oyer of the Writing Obligatory in the Declaration mentioned which is granted him & the Suit is Continued till next Court. John Kennedy......................................... Plt. ag.st In Case James Mealey........................................ Def t. Robert Clarke and John Smith (C.H.) of this County undertakes for the Def t. that in case he should 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 and Smith will pay the said Condemnation or render the Body of the sd. Def t. as aforesaid Whereupon the said Condemnation or render the bodyof the sd. Deft. as aforesaid. Whereupon the sd. Deft. by his attorney prays and has Leave to Impart till the next Court and then to Plead. John Taylor is by the Court appointed Surveyor of the road from Thomas Gill’s to the sd. Taylors fferry. And it is orderd that he with the male labouring Tithables in that Precinct Clear& keep the same in repair according to Law. Page 173 17 July 1763 Mungo Harvey ........................................ Plt. ag.st In Debt John Blincoe and Samuel Eskridge............ Def t. The Deft. Blincoe not being arrested. It is order’d on the motion of the Plts. by his attorney that an Alias Capias Issue against him returnable to the next Court. & the other Deft. Eskridge by his attorney prays and hath leave to imparte till the next Court & then to plead. David Galloway........................................ Plt. ag.st Upon a Writ of Sci. Hacies William Lancaster........................................ Def t. Dismissed. Present M. Ball, and Winder Kenner Gent. Absent, John Foushee & George Ball Gt. Thomas Everitt........................................ Plt. ag.st In Debt. John Efford and John Meath...................... Def t. The Defts. not appearing. It is orderd that Judgment be enter’d for the Plt. against them the sd. Defts. and Kenner Cralle their Security for the Debt in the Declaration mentioned and Costs unless the sd. Defts. appear at the next Court & plead. William Murrah........................................ Plt. ag.st In Case James Craine........................................ 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 plead. Martha Bussell........................................ Plt. ag.st Upon a writ of Sci. Hacie Thomas Blincoe and John Blincoe........... Def t. The Defts. not having been duly warned. It is orderd on the motion of the Plt. by her attorney that an Alias Sci. Ha. Issue agst. them returnable to the next Court. Joseph Wildey........................................ Plt. ag.st Upon a Writ of Sci. Ha: Henry Christopher................................. Def t. The Deft. having been duly warned and not appearing. It is Considerd that the Plt. have Execution against him of the L14..17..0 Debt and 109 tobo & 151 or 150 tobo Costs in the Writ Aforesaid Specified. And also that he recover agst. the sd. Deft. his Costs byhim in this behalf Expended. But this Judgment is to be Discharged by the payment of Seven pounds Eight Shillings and Six pence wth. Interest on the same at the rate of 5% per Annum to be Computed from the 9th day of July 1759. till payment. And the Costs of this Suit & the former Judgment. Page 174 17 July 1763 Judgment on a further motion of John Foushee against David Lattimore is granted the sd. Foushee for Three pounds five Shillings being on Account of the Thirty Delingts. Alledged by the sd. Lattimore to be in Arrear & not paid to him. Which is order’d to be paid by the sd. Lattimore with Costs. James Mills......................................... Plt. ag.st Upon a writ of Sci. Ha: Lewis Lamkin..................................... Def t. The Deft. having been duly warned and not appearing. It is Considerd that the Plt. have Execution against him of the nine pounds five shillings & Ten pence half penny. Debt and Two hundred and Sixty one pounds of tobo. & fifteen Shillings or One hundred & fifty pounds of Tobo. Costs in the writ Aforesaid Specified. And also that he recover agst. the sd. Deft. his Costs by him in this behalf Expended. John Tarpley Gent................................. Plt. ag.st Upon a writ of Sci Hae: William Taite........................................ Def t. The Deft. not having been duly warned. It is orderd on the motion of the Plt. by his attorney that an Alias Sei. Haeies Issue agst him returnable to the next Court. Mungo Harvey ......................................... Plt. ag.st In Case Robert Short........................................ Def t. This day came as well the Plt. by his attorney as the Deft in his proper person. And because the Deft. to the Plt. Declaration nothing saith. It is orderd that a Writ of Enquiry of Damages be Executed next Court. Barbee Davis............................. Plt. ag.st In Debt Twyford Bosley and Henry Hurst.............. Def t. This day came the Pl.t. by his attorney and the Defts. in their proper persons. And the sd. Defts. say that they cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Defts. the debt in the Declaration mentioned amounting to Twenty five pounds ten Shillings Currt. money together with his costs by him in this behalf expended and the sd. Deft. in mercy etc. But this Judgment the costs excepted is to be discharged by the payment of Forty Shillings and eleven pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the 11th day of July 1763 till the time of payment. Page 175 17 July 1763 Thomas Harvey......................................... Plt. vs. In Debt Moses Sutton........................................ Def t. This day came the Pl.t. by his attorney and the Defts. in their proper persons. & the sd. Defts. say that they cannot gainsay the Plts. Action. Therefore it is Considered by the Court that the Plt. recover against the said Defts. the debt in the Declaration mentioned amounting to Twelve pounds Eleven Shillings and six pence Currt. money together with his costs by him in this behalf expended & the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of Six pounds five Shillings and nine pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the 18th day of July 1762 till the time of payment. Daniel Betts and Thomas Campbell Assignees of Beverly Keeve Execor. of Charles Bells deced......... Plt. vs. In Debt Frederick Wildey and George Nichols........................ Def ts. The Defts. not appearing. It is orderd that Judgment be entered for the Plts. against them the sd. Defts. and Daniel Neale their Security for hte Debt in the Declaration mentioned and costs. unless the said Defts. shall appear at the next Court and plead. Daniel Betts and Thomas Campbell Assignees of Beverly Keeve Execor of Charles Bells deced......... Plt. vs. In Debt Frederick Wildey and George Nichols...................... Def t. The Defts. not appearing. It is orderd that Judgment be enterd for the Plts. against them the sd. Defts and Daniel Neale their Security for the Debt in the Declaration mentioned and Costs. unless the said Defts. Shall appear at the next Court and plead. Robert Davis Execor of Samuel Davis deced. .............. Plt. vs. In Debt William Sullivant, Richd. Nutt.& Farnifold Nutt Junr....... Def ts. Peter Chapman of this County undertakes fo the Defts. that in Case they shall be Cast in this suit they the said Def ts. will pay the Condemnation of the Court or render their Bodies to prison in Execution for the same or that he the said Peter Chapman will pay the said Condemnation or render the Bodies of the sd. Def ts. as aforesaid. Whereupon the said Def ts. pray and have Leave to Impart till the next Court and then to Plead. Elizabeth Downing............... Plt. vs. In Debt Moses Oldham & Thomas Gill Junr......... Def t. The Defts. not appearing. It is orderd that Judgment be enterd for the Plts. agst. them the sd. Defts. and John Williams their Security for the Debt in the Declaration mentioned and Costs. unless the sd. Defts Shall appear at the next Court and Plead. Page 176 17 July 1763 Messrs. Hunters Campbell & Compa......... Plt. ag.st In Debt Patrick Mealey........................................ Def t. Dismissed by Consent of parties Deft. paying Costs. John Kennedy......................................... Plt. ag.st In Case Patrick Mealey........................................ Def t. Dismissed by Consent of parties Deft. paying Costs Present John Foushee Absent William Taite Gent. David Galloway..................................... Plt. ag.st In Case Richard Nutt........................................ Def t. The Deft. not appearing. It is orderd that the Conditional Judgment obtained against him and Samuel Eskridge his Security at the last Court be Confirmed. And that a Writ of Enquiry of Damages be Executed at the next Court. Elizabeth Blackwell & John Blackwell Execors of Samuel Blackwell deced......................................... Plt. ag.st In Debt William Lancaster........................................ Def t. The Deft. not appearing, It is orderd that the Conditional Judgment obtained against him and Benjamen Waddy his Security at the last Court be Confirmed, And it is Considerd by the Court that the Plt. recover agst. the sd. Deft. and the sd. Benja. Waddy the Debt in the Declaration mentioned amounting to One hundred & Eighty eight pounds twelve Shillings and three pence Currt. money together with their Costs by them in this behalf Expended. and the sd. Defts in mercy etc. But this Judgment (the Costs Excepted) is to be Discharged by the payment of Ninety four pounds Six Shillings and one penny half penny with Interest on the same at the rate of 5% per cent per annum to be Computed from the 13th day of July 1762 till the time of payment Barbee Davis......................................... Plt. ag.st In Case Ellis Gill........................................ Def t. The Deft. not appearing. It is orderd that the Conditional Judgment Obtained against him and Samuel Jones his Security at the last court be Confirmed. And that a Writ of Enquiry of Damages be Executed next Court. Page 177 17 July 1763 David McCullock ......................................... Plt. ag.st In Case Jane Harding........................................ Def t. The Deft. not appearing, It is orderd that the Conditional Judgment obtained agst. her at the last Court be Confirmed. And that a Writ of Enquiry of Damages be Executed at the next Court Robert Clarke......................................... Plt. vs. In Debt Jesse Smith and William Bussell............... Def ts. The Deft. not appearing, It is orderd that the Conditional Judgment obtained agst. them and Neddy Barnes their Security at the last Court be Confirmed, & it is Considerd by the Court that the Plt. recover agst. the sd. Deft. and the sd. Neddy Barnes the Debt in the Declaration mentioned amounting Ten pounds ten Shillings Currt. money together with his Costs by him in this behalf Expended. And the sd. Defts in mercy etc. But this Judgment (the Costs Excepted) is to be Discharged by the payment of Three pounds and three farthings with Interest on the same at the rate of 5% per cent per annum to be Computed from the 11th day of October 1762 till the time of payment David Galloway......................................... Plt. ag.st In Case Jonathen Edwards Junr............................... Def t. The Deft. still failing to give Security and plead, it is orderd that the Conditional Judgment obtained against him at the last Court be confirmed And that a Writ of Enquiry of Damages be Executed at the next Court. Spencer Corbell & Thomas Cotrell Exors of Mosely Mott deced..... Plts. vs. In Debt Shapley Hudnall Eldest Son & Heir at Law of Nathan Hudnall deced........ Def t. The Deft. not appearing, It is orderd that the Conditional Judgment obtained against him at the last Court be Confirmed, And it is Considerd by the Court that the Plt. recover agst. the sd. Deft. the Debt in the Declaration mentioned amounting to One hundred pounds Currt. money together with their Costs by them in this behalf Expended. and the sd. Defts in mercy etc. Page 178 17 July 1763 David Galloway......................................... Plt. vs. In Case Caleb Hammonds........................................ Def t. The Deft. still failing to give Security and plead, it is orderd that the Conditional Judgment obtained against him at the last Court be confirmed And that a Writ of Enquiry of Damages be Executed at the next Court. Barbee Davis......................................... Plt. vs. In Case Thomas Figgott........................................ Def t. This day came as well the Plt. by his attorney asthe Deft. in Custody of the Sherriff of this county, And the sd. Deft. Acknowledges the Plts. action for l6..2..7 ½ Currt. money Therefore, with the Plts. assent, it is Considerd that he recover against the sd. Deft. the sd. Six pounds two Shillings and Seven pence half penny together with his Costs by him in this behalf Expended, And the said Deft. having remained in Prison Upwards of Twenty days Charged with the above Deliverd in a Schedule of his Estate and made Oath according to the Law in that Case made & Provided. Whereupon it is orderd that the sd. Schedule remain with the Clerk of this county, And that the Sherriff forthwith set the sd. Figgott at Liberty. Bill of Sale from William Trussell to Thomas and George Simpson was Proved by the Oaths of Joshua Townsend and William Danks Witnesses thereto & admitted to Record. John Williams, John Cole and John Corbell are appointed to lay off and allott to Winefred Berry her third of the Land of her deced. Husband George Berry acocrding to Law. And make report thereof to the Court. Order’d the Court be Adjourned till Tomorrow morning 10 o’Clock Spencer Ball At a Court Continued & Held for Northumberland County the 12th day of July 1763 Present Spencer Ball Newton Keene John Foushee Spencer M. Ball Gent. Justices William Taite Winder Kenner Page 179 17 July 1763 David Galloway ......................................... Plt. ag.st In Debt Moses Lunsford & John Cooke Executors etc. of William Cook deced........................................ Def t. This day came the parties by their attornies. And the sd. Defts pray & have leace to imparte till the next Court & then to plead. John Irons......................................... Plt. ag.st In Trespass Thomas Mollony........................................ Def t. Continued An Inventory and appraisment of the Estate of William Robuck deced was this day returned & Orderd to be Recorded. Upon the motion of Sinah Scallion a Mollatto Servant belonging to William Greenwood for her freedom. It appearing to the Court on Examination of Sundry Witnesses that she is of the age of thirty one years, Orderd that she be therefore Discharged. But in Case the said Greenwood at the next Court Can make appear from the Register or any other Undoubted Proof that she is not of that age. Then she then return to her Aforesaid Service & it is further orderd that she be allowed freedom dues. Judgment upon Petition is granted to Joseph McAdam against William Greenwood for Four pounds Nineteen Shillings and ten pence Currt. money due by Account whichis orderd to be paid wiht Costs & the Plt. agrees to stay Execution two Months Joseph Hudnall ........................................ Plt. ag.st In Trespass William Angell, Daniel Shirley & John Taylor........ Def t. This day came the Plt. by his attorney & thereupon came also a Jury to wit. Robert Clarke, Kenner Cralle, Isaac Haynie, Jonathen Edwards, William James, Beverly Keeve William Nelms, Elisha Betts, William Palmer, Fielding Hudson, Martin Shearman Junr. and James Daughity Junr. who being Sworn well and freely to Enquire of Damages in this Suit upon their Oath do say, that the Defts are Guilty of hte Trespass in the Declaration mentioned. And they do assess the Plts Damages by Occasion thereof to Three Shillings and four pence against each of the sd. Defts. Therefor it is Considerd by the Court that the Plt. recover agst the sd. Defts his Damages aforesaid in form aforesaid Assessed together with as much Costs against Each of the sd. Defts as Damages. Page 180 17 July 1763 Orderd that Joseph Hudnall pay unto Thomas Williams Two hundred pounds of Tobo. for Eight days Attendance at this Court as a Witness for the sd. Hudnall against William Angell. Daniel Shirley and John Taylor. Orderd that Joseph Hudnall pay unto Onesephorus Harvey Twenty five pounds of Tobo. for one days Attendance at this Court as a Witness for the sd. Hudnall against William Angell. Daniel Shirley and JohnTaylor. Orderd that Joseph Hudnall pay unto James Hudnall Two hundred & Seventy five pds. of Tobo. for eleven days Attendance at this Court as a Witness for the sd. Hudnall against William Angell. Daniel Shirley and JohnTaylor. Orderd that William Angell, Daniel Shirley and John Taylor pay unto Benjamen Ingram One hundred & seventy five pounds of tobo for Seven days Attendance at this Court as a Witness for them at the Suit of Joseph Hudnall. Daniel Betts ......................................... Plt. ag.st In Trespass Isaac Haynie Junr. & Robert Crowther Junr......... Def t. This day came the parties by their attornies, And thereupon came also a jury, to wit Thomas Williams, Bartholomew Ingram, Benjamen Ingram, William Angell, John Irons, Fortunatus Sydnor, William Lattimore, John Taylor, Daniel Shirley, Joseph Harcum, John Williams and Henry Boggess who being Elected tryed & sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Defts are Guilty of the Trespass in the Declaration mentioned, And they do assess the Plts. damage by Occasion thereof against the Deft. Haynie to Five pounds and agst the Deft. Crowther to Fifty Shillings besides his costs. Therefore it is Considerd by the Court that the Plt. recover against the sd. Defts. his Damages Aforesaid in form Afsd. assessed. And his Costs by him in this behalf Expended. And the sd. Defts. in mercy etc. Orderd that Daniel Betts pay unto Sarah Langsdale One hundred & seventy five pounds of tobo for Seven days Attendance at this Court as a witness for the said Betts against Isaac Haynie Junr. & Robert Crowther Junr. Page 181 17 July 1763 Orderd that Daniel Betts pay unto Sarah Ticer One hundred pounds of tobo for four days Attendance at this Court as a witness for him against Isaac Haynie Junr. & Robert Crowther Junr. Orderd that Daniel Betts pay unto William Smith Fifty pounds of tobo for Two days Attendance at this Court as a witness for him against Isaac Haynie Junr. & Robert Crowther Junr. Orderd that Daniel Betts pay unto Samuel Patridge One hundred & seventy five pounds of tobo for Seven days Attendance at this Court as a witness for him agst. Isaac Haynie Junr. & Robert Crowther Junr. Orderd that Daniel Betts pay unto William James Fifty pounds of tobo for Two days Attendance at this Court as a witness for him against Isaac Haynie Junr. & Robert Crowther Junr. Orderd that Daniel Betts pay unto William Langsdale One hundred & seventy five pounds of tobo for Seven days Attendance at this Court as a witness for him agst. Isaac Haynie Junr. & Robert Crowther Junr. Beverly Keeve Acting Execor of Ellis Gill deced ......................................... Plt. ag.st In Case Thomas Gill Junr......................................... Def t. This day came the Plt. by his attorney & thereupon came also a Jury to wit. Robert Clarke, Kenner Cralle, Jonathen Edwards, William James, William Nelms, Elisha Betts, Fielding Hudson, Martin Shearman Junr. Isaac Haynie James Daughity Junr. William Lancaster and William Langsdale who being Sworn well and freely to Enquire of Damages in this Suit upon their Oath do say, that the Deft. is not Guilty in manner and form as the plt. in his Declaration against him hath alledged. Therefor it is Considerd by the Court that the Plt. take nothing by his Bill but for his false Clamour be in mercy etc. And that the Deft. go hence without day and recover agst the sd. Plt. his Costs by him about his defence in this behalf Expended. Orderd that Thomas Gill Junr. pay unto John Williams Fifty pounds of tobo for two days Attendance at this court as a Witness for the sd. Gill at the Suit of Beverly Keeve Execor. of Ellis Gill deced. Page 182 17 July 1763 Orderd that Thomas Gill Junr. pay unto William Fallin Fifty pounds of tobo for two days Attendance at this court as a Witness for the sd. Gill at the Suit of Beverly Keeve Execor. of Ellis Gill deced. Orderd that Thomas Gill Junr. pay unto John Downing Fifty pounds of tobo for two days Attendance at this court as a Witness for the sd. Gill at the Suit of Beverly Keeve Execor. of Ellis Gill deced. Orderd that Beverly Keeve Execor of Ellis Gill deced. pay unto Moses Oldham One Hundred and fifty pounds of tobo for six days Attendance at this court as a Witness for the sd. Keeve against Thomas Gill Junr. Orderd that Beverly Keeve Execor of Ellis Gill deced. pay unto Elizabeth Edwards Fifty pounds of tobo for two days Attendance at this court as a Witness for the sd. Keeve agst. Thomas Gill Junr. Richard Timberlake ......................................... Plt. ag.st In Case Benjamen Northern Execor. of Thomas Lowther deced....... Def t. This day came the parties by their attornies, And thereupon came also a jury, to wit Thomas Williams, Bartholomew Ingram, Benjamen Ingram, William Angell, John Williams, William Lattimore, John Irons, John Taylor, Daniel Shirley Henry Boggess, Fortunatus Sydnor, William Lattimore & Joseph Harcum who being Elected tryed & sworn the truth to speak upon the Issue Joyned upon their Oath do say that the sd. Testator Thomas did assume in manner and form as the Plt. against him hath declar’d. And they do Assess the Plts. Damage by Occasion of the Nonperformance of that Assumption to Seven pounds three Shillings and Eleven pence besides his Costs. Therefore it is Considerd by the Court that the Plt. recover against the sd. Defts. his Damages Aforesaid in form Afsd. assessed. And his Costs by him in this behalf Expended. To be levied of the goods and chattles of the sd. Testator in the hands of the sd. Executory if so much thereof he hath in his hands to be Administer’d And if he hath not that then the costs to be levied of the proper goods and Chattles of the Sd. Defendt. Orderd that Richard Timberlake pay unto William Greenwood fifty pounds of tobo. for two days Attendance at this Court as a witness for the sd. Timberlake agst. Benjamen Northern Execor of Thomas Lowther deced. Page 183 17 July 1763 Messrs George and William Bucks............ Plt. ag.st In Case Presley Cockrell........................................ Def t. This day came the parties by their attornies, who waving the Issue whereof they had put themselves upon the Country, the sd. Deft acknowledges the Plts. action for Eleven pounds five Shillings and eight pence half penny. Therefore (with the Plts. Assent) it is Considerd by the Court that they recover against the sd. Deft. the sd. Eleven pounds five Shillings and eight pence half penny together with their Costs by them in this behalf Expended. And the sd. Plts agree to stay Execution two months. William Dameron......................................... Plt. ag.st In Case Charles Colston........................................ Def t. Continued Elizabeth Hill......................................... Plt. ag.st In Debt Kenner Cralle admn. of William Payne deced.......... Def t. This day came the Parties by their attornies who waving the Issue whereof they had put themselves upon the Country, the sd. Defts. say that they cannot gainsay the Plts. Action. Therefore it is Considered by the Court that the Plt. recover against the sd. Defts. the debt in the Declaration mentioned amounting to Ten pounds ten Current money after debts of greater Dignity are first satisfied together with her costs by her in this behalf expended to be levied of the goods & Chattels of the sd. Testestate in the hands of the sd. Administer if so much thereof he hath in his hands to be Administer’d and if he hath not then the Costs to be levied of the proper goods & Chattles of the sd. Deft. But this Judgment (the costs excepted) is to be Discharged by the payment of Five pounds with Interest on the same at the rate of 5% per Annum to be Computed from the 25th day of April 1761 till the time of payment John Sydnor Execor. of anthony Sydnor deced...... Plt. ag.st Upon a Writ of Sci: Ha:- John Beacham........................................ Def t. By Consent of parties by their attornies al matters in Difference between them in this Suit is Refferr’d to Richard Parker Gent. to settle & if they do agree that his award thereupon Shall be made the Judgment of the Court. Page 184 17 July 1763 William Bailey ......................................... Plt. ag.st In Case Robert Clarke........................................ Def t. This day came the parties by their attornies, who waving the Issue whereof they had put themselves upon the Cournty, the sd. Deft. saith that he now cannot gainsay the Plts. Action. Therefore it is Considerd by the Court that the Plt. recover against the said Deft. his Debt amounting to Fourteen pounds Eight Shillings Currnt money together with his costs by him in this behalf Expended. And as the said Deft alledges that the Plt. hath not given him all Just Credits. They do mutually agree that the Accounts in Dispute between them Shall be Adjusted by David Boyd Gent. and his report thereupon to be final. Soon after which the sd. David Boyd returned his report in these words, to wit, “Whereas William Bailey having on the 12th day of this Instant July obtained a Judgment of Northumberland court for Fourteen pounds Eight Shillings against Robert Clarke with a Stay of Execution untill David Boyd should Settle the Payments alledged to be made by the sd. Clarke And I the sd. David Boyd having appointed this day to Settle the sd. payments and Adjust the Exact Sum due from the sd. Robert Clarke to the sd. William Bailey of which I gave the sd. parties due notice besides the time being fixed by their own Consent. And now having Examined into and narrowly inspected the Accounts of the sd. Bailey do find that there is next due to the sd. William Bailey from the sd. Robert Clarke the sum of Fourteen pounds four Shillings and ten pence for which I am of opinion Execution ought to issue Given under my hand this 17th day of July 1763 John Kennedy......................................... Plt. ag.st In Case Henry Christopher........................................ Def t. This day came the Plt. by his attorney & thereupon came also a Jury to wit. Kenner Cralle, Isaac Haynie, Jonathen Edwards, William James, Beverly Keeve, William Nelms, Elisha Betts, William Palmer, Fielding Hudson, John Downing, James Daughity Junr. and David Ball Junr. who being Sworn well and truly to Enquire of Damages in this Suit upon their Oath do say, that the Plt. hath sustained Damage by Occasion ofthe Defts breach of Promise in hte Declaration mentioned to Six pounds ten Shillings and one half penny Currt. money besides his Costs. Therefor it is Considerd by the Court that the Plt. recover agst the sd. Deft. and Samuel Eskridge his security. his Damages afs. in form aforesaid Assessed And his Costs by him in this behalf Expended. And the said Deft. in mercy etc. Page 185 17 July 1763 John Heath Assignee of Amos Bentley ......... Plt. ag.st In Debt John Bentley........................................ Def t. This day came as well the Plt. by his attorney as David Ball Junr. who was Security for the Deft. by his attorney. And they waving the Issue whereof they had put themselves upon the Country, the sd. David saith that he cannot gainsay the Plts. Action. Therefore it is Considered by the Court that the Plt. recover against the sd. Deft. and the sd. David Ball Junr. the debt in the Declaration mentioned amounting to Fifteen pounds and eight pence Currt. money together with his costs by him in this behalf expended. And the sd. Deft in mercy etc. But this Judgment (the costs excepted) is to be Discharged by the payment of Seven pounds ten shillings and four pence with Interest on the same at the rate of 5% per Annum to be Computed from the 6th day of February 1763 till the time of payment John Heath......................................... Plt. ag.st In Case John Bentley........................................ Def t. This day came as well the Plt. by his attorney as David Ball Junr. who was Security for the Deft. by his attorney. And they waving the Issue whereof they had put themselves upon the Country, the sd. David saith that he cannot gainsay the action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the sd. Deft. and the said David Ball Junr. his debt amounting to Seventeen pounds Eight Shillings and Nine pence half penny Currt. money together with his costs by him in this behalf expended. And the sd. Deft in mercy etc. Robert Woodrop......................................... Plt. ag.st In Debt Richard Nutt........................................ Def t. This day came as well the Plt. by his attorney as John Corbell who was Security for the Deft. by his attorney. And thereupon came also a jury, to wit: Thos. Williams, Bartholomew Ingram, Benjamen Ingram, William Angell, John Irons, Fortunatus Sydnor, William Lattimore, John Taylor, Daniel Shirley, Joseph Harcum John Blackwell & John Williams who being Elected tryed & sworn the truth to speak upon the Issue Joyned upon their Oath do say that the deft. hath not paid the Debt in the Declaration mentioned. But that he doth owe to the Plt. Sixteen pounds two Shillings and ten pence Currt money besides his costs. Therefore it is Considerd by the Court that the Plt. recover against the sd. Deft. and the sd John Corbell the sd. Sixteen pounds two Shillings and ten pence together with his Costs by him in this behalf expended. And the sd. Deft in mercy etc. Page 186 17 July 1763 David Galloway......................................... Plt. ag.st In Case Jonathen Edwards Junr.............................. Def t. This day came as well the Plt. by his attorney as the Deft. in his proper person, And the said Deft. together with Betty Nutt his Security Acknowledges the Plts. Action for Twelve pounds one Shillings Currt. money. Therefore, with the Plts. assent, it is Considerd that he recover against the sd. Deft. and the sd. Betty Nutt the sd. Twelve pounds one Shillings together wiht his Costs by him in this behalf Expended & the sd. Deft. in mercy, etc. Bill of Sale from Jonathen Edwards Junr. and Winefred his wife, to Betty Nutt was Acknowledged byth e sd. Jonathen & Winefred Edwards & Admitted to Record. John Irons......................................... Plt. ag.st In Case James Champion.......................... Def t. Continued James Thomas......................................... Plt. ag.st In Trespass Thomas Gill Junr........................ Def t. Dismissed being agreed by the Parties Edward Shepherd......................................... Plt. ag.st In Case William Lancaster........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit: Robert Clarke, Isaac Haynie Jonathen Edwards, William James, Beverly Keeve, William Nelms, Elisha Betts, William Palmer, Fielding Hudson, William Eskridge, Samuel Eskridge, and James Daughity who being elected, tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say, that the Deft. did assume in manner and form as the Plt. against him hath Declared. & they do assess the Plts. Damage by Occasion ofthe Nonperformance of that Assumption to Ten pounds Currt. money. Therefore it is Consider’d by the Court that the Plt. recover agst. the sd. Deft. his Damages Aforesd. in form Aforesd. Assessed. And his Costs by him in this behalf Expended. And the sd. Deft in mercy Etc. The Attachment obtained by Samuel Eskridge against the Estate of William Glascock Jurn. having been Continued for William Eskridge on of the Garnishers. And he now appearing Declared on Oath that he was Indebted to the sd. Galscock forty four Shillings & one penny farthing. Whereupon it is ordered that the sd. William Eskridge pay the same to the said Samuel Eskridge. Page 187 17 July 1763 The Attachment Obtained by John Smith against the Estate of William Glascock Junr. is Dismissed. Ordered the court be Adjourned till the second Monday in August next. Spencer Ball At a Court Held for Northumberland County the 8th day of August 1763 Present John Foushee Spencer M. Ball Gent Justices William Taite Charles Fallin A Deed of Mortgage from William Rust to Thomas and George Simpson was Proved by the Oath of John Simpson one of the Witnesses thereto & Admitted to Record. Ephraim Williams produced and Account of the Estate of Elizabeth Cockrell & John Cockrell Orphans, and being Examined by the Court was swornto by the said Ephraim & Order’d to be Recorded. The Petition of Elizabeth Taylor against George France Admr. of Elizabeth France deced is Continued till next Court at the Defts. Cost. Mary Chilton produced an Account of the Estate of Elizabeth Chilton Orphan of Andw Chilton deced. And being Examined by the Court was Sworn to by the sd. Mary & Order’d to be Recorded. The Petition of Samuel Garlington against Peter Beane is Dismissed being agreed by the parties. Judgement upon Petition is granted to Joshua Harper Execor. of William Harper deced against Willoughby Lewis and Benjamin Vanlandingham for Thirty Eight Shill and three pence due by Bill whish is order’d to be paid with Inbterest on the same to be Computed from the first day of March 1763, and Costs with an Attornies ffee. Judgement upon Petition is granted to Joshua Harper Execor. of William Harper deced. against William Foalks and John Lancaster for Thirty Eight Shillings due by Bill which is order’d to be paid wihit Interest on the same to be Computed from the fifth day of March 1763, And Costs with an Attornies ffee. A Report of Viewing Road Petitioned for by William Angell trough the Land of John Tipper being this day returned, And the sd. Tipper agreeing that the road mentioned in the sd. report should be Established during his life the same is order’d to be Recorded. Page 188 8 August 1763 William Danks orphan of George Danks deced. is by the Court bound to William Morton untill he arrives at the age of Twenty one years, he being born the 14th day of Dec. 1751. One Consideration of which the sd. Morton is to learn his sd. Apprentice to read, Write, and Cypher and also the trade of a Taylor & to find and provide for him Sufficeint Cloathing, Meat, drink, Washing and Lodging. For the due performance of which the said Morton with William Taite and David Boyd his Securities Acknowledged themselves bound to the Court in the Penalty of 5,000 lbs tobo. Judgment upon petition is granted to Henry Christopher against Joseph Dameron for Four pounds Seventeen Shillings and nine pence due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to David Boyd against William Greenstreet for Four pounds two Shillings and Six pence due by Acct. which is orderd to be paid with Costs. Judgment upon Petition is granted to Lewis Lamkin against Benjamen Wales for Four pounds four Shillings and nine pence due for goods Borrowed which is orderd to be paid with Costs, unless the Deft. returns the sd. Goods in good order in a Forthnight. Deed of Gift from Ezekiel Hudnall to his Children was Acknowledged by the sd. Ezekiel & admitted to record. Judgment upon Petition is granted to James Mealey against Elias Edmunds for Four pounds one Shilling and five pence due by account which is orderd to be paid with Costs. The petition of Jesse Garner against Thomas Aileff is Continued The Petition of Onesephorus Harvey against George Phillips is Dismissed Charles Nelson ......................................... Plt. ag.st In Case William Bentley........................................ Def t. Discontinued Judgment upon petition is granted to Barbee Davis against James Gaines Junr. for two pounds and one penny three farthings due by Accot. which is orderd to be paid, with Costs. A lease from Robert Carter Esq: of the one part to Robert Potts of the other part was Proved by the Oaths of Samuel Eskridge and John Pope two of the Witnesses thereto & admitted to Record. Page 189 8 August 1763 Thomas Simpson ......................................... Plt. vs. In Debt John Kirkley........................................ Def t. The Deft. not being arrested, it is orderd on the motion of the Plt. by his attorney that another Plurius Capias Issue agst him returnable to the next Court. Mungo Harvey......................................... Plt. vs. In Debt John Blincoe........................................ Def t. Newton Keene Gent. herein Court 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 Newton Keene will pay the said Condemnation or render the Body of the sd. Def t. as aforesaid Whereupon the sd. Def t. prays Oyer of the Bond in the Declaration mentioned which is granted him & the suit is continued till the next Court. A Deed from John Smith of the one part to William Smoot of the other part with the Memo. of the Livery of Seizen thereon Indorsed was Acknowledged by the sd. Smith and Admitted to Record. Martha Bussell......................................... Plt. vs. In Upon a Writ of Sei: Hacies John Blincoe........................................ Def t. This day came the parties by their attornies, and the sd. Deft. prays Oyer of the Record which is granted him & the Suit is continued til the next Court Judgment upon Petition is granted to John Kirk against Bartholomew Dameron Jun. for Forty Shillings Currt. money due by Acct. which is orderd to be paid With Costs. Newton Keene produced and Account of the Estate of Thomas Cralle Lamkin, Orphan And being Examined by the Court was Sworn to by the sd. Newton & order’d to be Recorded. Judgment upon petition is granted to James Daughity against Daniel Neale & Frederick Wildey for Twenty five Shillings and Six pence due by Bill which is order’d to be paid with Interest from this day and Costs. A Deed from Richard Nutt of the one part to Thomas Campbell of the other aprt with the Memo. of the Livery of Seizen thereon Indorsed was Acknowledge’d by the said Nutt & Admitted to Record, Previous to which Alice Nutt, wife of the sd. Richard being first Privately Examined freely relinquished her right of Dower in the premises thereby Conveyed. Report of the Settlement between Juny Bluford of the Estate of John Hobson deced was this day returned & ordered to be Recorded. Page 190 8 August 1763 Judgment upon petition is granted to Mary Anne Chilton against James Daughity Execor of John Hobson deced, for Three pounds thirteen Shillings and four pence due by Account which is orderd to be paid with Costs; She first givng bond wth. Security to refund the sd. Money in Case the Negroes of Lowther’s should be recoverd of the sd. Hobson’s Estate. Thomas Simpson ......................................... Plt. ag.st In Debt William Taylor........................................ Def t. This day came as well the Pl.t. by his attorney as the Deft. in his proper person. & the sd. Deft. 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 Ten pounds Sixteen Shillings and five pence together with his costs by him in this behalf expended. And the sd. Deft. in mercy etc. But this Judgment (the Costs Excepted) is to be Discharged by the payment of Five Pounds, eight Shillings and two pence half penny with Interest on the same at the rate of 5 per cent per annum to be Computed from the first day of May 1759 till the time of payment. Joshua Harper Execor of William Harper deced.......................................... Plt. vs. In Debt Willoughby Lewis........................................ Def t. Benjamin Vanlandingham herein Court 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 Benjamin will pay the sd. Condemnation or render the Body of the sd. Def t. as aforesd Whereof the said Def t. prays Oyer of the Bond in the Declaration mentioned which is granted him & the suit is Continued till next Court. John Tarpley ......................................... Plt. vs. Upon a Writ of Sci: Ha: William Taite........................................ Def t. The Deft. having been duly warned it is Considerd that the Plt. have Execution against him of the L 8..10..8 Debt and Two hundred and Seventy pounds of tobo. and fifteen Shills. or One hundred and fifty pounds of tobo Casks in the Writ Aforesaid Specified. And also that he recover against the sd. Deft. his Costs by him in this behalf Expended. But this Judgment is to be Discharged by the payment of Four pounds ten Shillings and four pence with Interest on the same at hte rate of 5% per annum to be Computed from the 12th day of October 1761, to the time of payment. And the Costs of this Suit & the former Judgemnt. And the Plt. agrees to stay Execution one Month. Giles Webb produced an Account of the Estate of Peter Hayes Orpahn. And being Examined by the Court, was Sworn to by the said Giles & Orderd to be Recorded. Page 191 8 August 1763 John Tarpley ......................................... Plt. ag.st In Case John Efford........................................ Def t. William Taite 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 sd. Condemnation or render the Body of the sd. Def t. as aforesd Whereupon the said Def t. prays & hath leave to imparte till the next Court & then to plead. William Mathew Cralle......................................... Plt. ag.st In Case John Beacham........................................ Def t. The Deft. not appearing, It is orderd that Judgement be enter’d for the Plt. against him the sd. Deft. and Abraham Beacham his Security for what Damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration it shall appear the Plt. hath Sustained bythe Occasion in the Declaration mentioned to be Assertained by a jury, unless the sd. Deft. shall appear at the next Court & plead. David McCullock......................................... Plt. ag.st In Case Richard Patridge........................................ Def t. This day came the Plt. by his attoney, And the Deft. being in the Sherriffs Custody It is orderd that Judgment be enter’d agst him for what Damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertained by a jury, unless the sd. Deft. give Bail at the next Court & plead. John Heath having obtained an Attachment against the Estate of Michael Taylor who is said to be absconded that common process Cannot be Served upon him for Twelve pounds twelve shillings and three pence due by account. And the Sherriff having made return that he hath attached all of the Effects of the sd. Taylor in the hands of John Irons And the sd. Irons now appearing Declared that his he was indebted to the sd. Taylor eight pounds Currt. money and no more, Whereupon the Plt. proving his Demand to be just by his own Oath. It is Considerd that he recover agst. the sd. Taylor the Afsd. Sum of L 12..12..3 together with his Costs by him in this behalf Expended, And it is orderd that the sd. John Irons pay unto the Plt. the sd. Eight pounds, towards Discharging this Judgment. Account of Sales of the Estate of Samuel Davis deced was this day returned & orderd to be Recorded. David Ball Junr. and Thomas Hurst having taken the usual Oaths to his Majesties Person and Government and Subscribed the Test were Qualified as Vestrymen in Wicomoco Parish. Page 192 8 August 1763 Judgment upon petition is granted to Joseph Ball against Daniel Neale for Thirty Seven Shillings and Six pence and thirty six pounds of tobo. due by Account which is order’d to be paid with Costs Richard Hull Gent. produced and Account of the Estate of the Orphans of Spencer Hack & being Examined by the Court was Sworn to by the sd. Hull & orderd to be Recorded. Orderd that the Churchwardens of St. Stephens Parish for the time being bind out Judith Leach and Orphan according to Law. John Meath and Thomas Williams the Present Inspectors with Neddy Barnes and William Bailey are Recommended to the Governor, as proper persons to Execute the Office of Inspectors of Tobo. at Coan Warehouses in this County William Copedge and William Barrot the Present Inspectors with Joseph Harcum and Elisha Harcum are Recommended to the Governer as proper persons to Execute the Office of Inspectors of tob: at Wicocomoco Warehouses in this County. Fortunatus Sydnor the Present Inspector with John Kent are Recommended to the Governor as proper persons to Execute the Office of Inspectors of Tobo. at Indian Warehouse in this county John Kennady ......................................... Plt. ag.st In Case John Blincoe........................................ Def t. Newton Keene Gent. 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 Newton Keene will pay the sd. Condemnation or render the Body of the sd. Def t. as aforesd Whereupon the said Def t. prays & hath leave to imparte till the next Court & then to plead. Messrs Hunters Campbell & Compa. ................. Plt. ag.st In Case Henry Christopher.......................... Def t. The Deft. not appearing. It is orderd that Judgment be enterd for the Plt. agst. him the sd. Deft. & George Conway his Security for what Damages it shall appear the Plts. have Sustained by the Occasion in the Declaration mentioned to be Assertained by a jury unless the sd. Deft. shall appear at the next Court & plead. John Tarpley......................................... Plt. ag.st In Case Newton Keene and Robert Clarke........................................ Def t. The Deft. Keene not having been duly warned. On the Plts. motion it is orderd that an Alias Feils Facias Issue against him returnable to the next Court. And the sd. Clarke prays Oyer of the Record, which is granted him & the suit is Continued till the next Court. Page 193 8 August 1763 William Greenwood......................................... Plt. ag.st Upon a Writ of Sci: ffa. John Wyatt.............................. Def t. The Deft. not having been duly warned. It is orderd on the motion of the Plt. that an Alias Sci: ffacies Issue agst him returnable to the next Court. On the motion of John Mott, It is orderd that Elisha Betts be Summoned to appear at the next Court Mark Harding......................................... Plt. ag.st In Case George Phillips........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enterd for the Plt. agst. him the sd. Deft. & George Payne Gent. his Security for what Damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertained by a jury unless the sd. Deft. shall appear at the next Court & plead. John Matthews ......................................... Plt. ag.st In Case William Lancaster........................................ Def t. John Edmunds undertakes for the Def t. that in case he shall be Cast in this Suit he the sd. Def t. will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that he the sd. John Edmunds will pay the sd. Condemnation or render the Body of the sd. Def t. as aforesd Whereupon the said Def t. prays & hath leave to imparte till the next Court & then to plead William Lancaster......................................... Plt. ag.st In Case William Hudnall........................................ Def t. Dismissed, being agreed by the parties. James Daughity......................................... Plt. ag.st In Debt Frederick Wildey........................................ Def t. This day came as well the Pl.t. by his attorney as the Deft. in Custody of the Sherriff of this County. And the sd. Deft. 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. in Custody as Aforesd. the debt in the Declaration mentioned amounting to Five pounds Eleven Shillings and two pence Currt. money together with his costs by him in this behalf expended. And the sd. Deft. in mercy etc. But this Judgment (the Costs Excepted) is to be Discharged by the payment of Fifty Five Pounds Shillings and seven pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the 10th day of March 1762 till the time of payment. Page 194 8 August 1763 John Irons ......................................... Plt. ag.st In Trespass Thomas Mollony........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit: William Eskridge, John Pope, Elisha Harcum, James Conway, John Rogers, Jno. Downing William Angell, John Kirk, Thomas Brown; Richard Walker, James Daughity and John Taylor who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. is Guilty of the trespass in the Declaration mentioned and they do assess the Plts. damage by occassion thereof to five Shillings Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his damages Aforesaid in form aforesaid & his Costs by him in this behalf expended. On which the Deft. by his Attorney moved the Court for a new tryall was rejected. Ordered that pay unto Fortunatus Sydnor Seventy five pounds of tobo. for three days Attendance at this Court as a Witness for the sd. Irons agst. Thomas Mollony Ordered that John Irons pay unto William Lattimore One hundred pounds of tobo. for four days Attendance at this Court as a Witness for the sd. Irons agst. Thomas Mollony Ordered that Thomas Mollony pay unto Hugh Kerr Fifty pounds of tobo. for two days Attendance at this Court as a Witness for the sd. Mollony agst. John Irons. Joseph Ball......................................... Plt. ag.st In Debt William Oldham & Samuel Eskridge............... Def t. John Christopher of this County undertakes for the Def t. that in case they shall be Cast in this suit they the said Def ts will pay the Condemnation of the Court or render their Bodies to prison in Execution for the same or that the said John Christopher will pay the said Condemnation or render the Bodies of the sd. Def ts. as aforesaid Whereupon the said Def ts. pray Oyer of the Bond in the Declaration mentioned, which is granted them & the suit is Continued till the next Court. Judgment upon petition is granted to Spencer Corbell against James Smith for Two hundred and Seventy five pounds of tobo. by Account which is ordered to be paid with Costs. Order’d the Court be Adjourned till Tomorrow morning 10 o’Clock Spencer Ball Page 195 8 August 1763 At a Court Continued & Held for Northumberland County the 9th day of August 1763 Present Spencer Ball Richard Hull John Foushee Saml. Blackwell Gent. Justices George Ball George Payne An additional inventory of the Estate of Andrew Chilton deced was this day returned & Ordered to be Recorded. George Payne having taken he usual oaths to his Majesties Person & Governer & Subscribed the Test was Qualified as a Vestryman for Wiccocomoco Parish William Dameron ......................................... Plt. ag.st In Case Charles Colston........................................ Def t. Continued John Brown......................................... Plt. ag.st In Case William Kennan........................................ Def t. Thomas Irons of this County undertakes for the Plt. that in case he shall be Cast in this Suit he shall satisfie and pay to the Def t. all such Damages Costs and Charges as Shall be awarded agst. him by the Court, or that he the sd. Thomas will pay and Satisfie them for him. Whereupon the Demurrer of the Plt. to the Defts. plea was this day argued bythe Council on both sides, and adjudged good. From which the sd. Deft. prayed an Appeal to the Eleventh day of the next General Court which is Allowed And on the Prayer of the Plt. it is orderd that a Writ of Enquiry of Damages be Executed at the next Court. William Lansdon produced an Account of the Estate of Lucretia Bearcroft Orphan and being Examined by the Court, was sworn to bythe sd. William & order’d to be Recorded. Francis Beetley......................................... Plt. ag.st In Trespass Ass: & Battery John Corbell........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit: Thomas Yerby, William Oldham, William Taylor, Benja. Waddy, Elisha Betts, Daniel Betts, Kenner Cralle, Henry Christopher, Joseph Ball, Peter Haynie, Robert Clarke & David Ball Junr. who being elected tryed and Sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Def t. is Guilty of the assault and battery in the Declaration mentioned in manner And they do assess the Pl.ts. damage by Occasion thereof to five shillings Currt. money. Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his damages Aforesaid in form Aforesd. Assessed. Page 196 9 August 1763 Order’d that John Corbell pay unto James Sims One hundred & seventy five pounds of tobo. for Seven days Attendce at this court as a Witness for the sd. Corbell at the Suit of Francis Beetley. Order’d that Francis Beetley pay unto Maryann Watts One hundred & seventy five pounds of tobo. for Seven days Attendce at this court as a Witness for the sd. Beetley agst. John Corbell. Order’d that Francis Beetley pay unto Diana Beetley One hundred & fifty pounds of tobo. for six days Attendance at this court as a Witness for the sd. Francis agst. John Corbell. Order’d that Francis Beetley pay unto Winefred Jones seventy five pounds of tobo. for three days Attendance at this court as a Witness for the sd. Beetley agst. John Corbell. Judgment upon petition is granted to Elizabeth Taylor against George France admr. of Elizabeth France deced for Three pounds Eighteen Shillings and Seven pence Currt. money due by Account which is order’d to be paid with Costs. Orderd that Elizabeth Taylor pay unto Job Braughton Fifty pounds of tobo for two days Attendce. at this Court as a witness for her agst. George France admr. of Eliza France deced. Orderd that Elizabeth Taylor pay unto Manly Taylor Fifty pounds of tobo for two days Attendce. at this Court as a witness for her agst. George France admr. of Eliza France deced. Orderd that George France admor. of Elizabeth France pay unto Mary Cox twenty five pounds of tobo for one days Attendce. at this Court as a witness for him at the suit of Eliza. Taylor A Deed of Bargain and Sale from William Eskridge and his Wife of the one part to Thomas Jones of the other part with the receipt thereof Indorsed, was Acknowledged by the said William Eskridge & Admitted to Record. Judgement upon petition is granted to Jesse Garner against Thomas Aileff for three hundred Twenty four and a half pounds of Tobo due by Accot. Which is odrerd to be paid with Costs. Thomas Lecock ......................................... Plt. ag.st In Trespass Ass. & Battery Thomas Ritchie........................................ Def t. Dismissed, being agreed by the parties. The Petition of John Mott Concerning his age is Dismissed. John Mott orphan of Mosley Mott deced made Choice of Spencer Ball Gent. for his Guardian who is approved of by the Court. he the said Spencer together with Samuel Blackwell Gent. his Security having enter’d into and Acknowledged bond for the Estate of the sd. Orphan in the Penalty of L 1000. Elisha Betts Execor. of Charles Betts Deced....... Plt. ag.st In Detinue Roysten Betts........................................ Def t. Continued at the Defts. Costs Page 197 9 August 1763 Sir Marmaduke Beckwith Bar’ (BARNS)............... Plt. ag.st In Debt Presley Thornton Esq......................................... Def t. This day came the parties by their attornies, who waiving the Issue whereof they had put themselves upon the County. The said Deft. 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 One thousand pounds Sterling together with his Costs by him in this behalf Expended. And the sd. Deft. in mercy etc. But this Judgment (the Costs Excepted) is to be Discharged by the Payment of Five hundred Pounds Sterling with Interest on the same at the rate of 5 per cent per annum to be Computed from the fifteenth day of December 1760 till the time of payment. First Deducting out of the sd. Judgement the Sum of Three hundred and Eighty Six pounds ten Shillings Currt. money of Virginia paid by the Deft. to the Plt. the 28th day of January 1763. at the rate of 60 per cent. as also the Ballance of this Judgment to be Discharged at the same rate in Currt. money of 60 per cent. Orderd the Churchwardens of St.Stephens Parish for the time being bind out James Thomas and William Johnstone’s orphans of Thomas Johnstone deced. according to Law. Richard Rice produced an Account of the Estate of Rodham Trussell Orphan, and being Examined by the Court was Sworn to by the sd. Richard & orderd to be Recorded. William Townsend ......................................... Plt. ag.st In Case for Slander George Marsh........................................ Def t. This day came the parties by Their attornies And thereupon came also a jury, to wit: William Oldham, Jonathen Edwards, James Sims, Kenner Cralle, Henry Christopher Peter Haynie, Robert Clarke, James Champion, William Lancaster, Isaac Haynie, Cuthbert Ellistone and Onesiphorus Harvey, who being elected tryed and Sworn to truth to speak upon the Issue Joyned were sent out to Consult a Verdict. Order’d the Court be Adjourned till Tomorrow morning 10 o’Clock Spencer Ball Page 198 9 August 1763 At a Court Continued & Held for Northumberland County the 10th day of August 1763 Present John Foushee Spencer M. Ball William Taite Gent. Justices Richard Hull George Payne Thomas Everitt Assignee of Elias Lowry............ Plt. ag.st In Debt. John Efford and John Meath........................................ Def t. The Defts. not appearing. It is orderd that the Conditional Judgment obtained agst. them and Kenner Cralle their Security at the last Court be confirmed. And it is Considerd by the Court that the Plt. recover agst. the sd. Defts and the sd. Kenner Cralle the debt in the Dec’l mentioned amounting to Twenty one Pounds Eighteen Shillings together with his Costs by him in this behalf Expended. and the sd. Deft. in mercy etc. But this Judgment (the costs Excepted) is to be Discharged by the payment of Ten pounds Nineteen Shillings wth. Interest on the same at the rate of 5% per Annum to be Computed from the 1st day of Nov’r 1762 till the time of payment Elizabeth Downing......................................... Plt. ag.st In Debt Moses Oldham and Thomas Gill Junr............... Def t. The Defts. not appearing. It is orderd that the Conditional Judgment obtained agst. them and John Williams their Security at the last Court be confirmed. And it is Considerd by the Court that the Plt. recover agst the sd. Defts and the sd. John Williams the debt in the Declaration mentioned amounting to Eight Pounds Currt. money together with his Costs by him in this behalf Expended. and the sd. Deft. in mercy etc. But this Judgmt. (the costs Excepted) is to be Discharged by the payment of four pounds with Interest on the same at the rate of 5% per Annum to be Computed from the 10th day of May 1763 till the time of payment Daniel Betts & Thomas Campbell Assignees of Beverly Keeve Exor. of Chas. Betts deced.... Plt. ag.st In Debt Frederick Wildey and George Nicholas ........................................ Def ts. The Defts. not appearing. It is orderd that the Conditional Judgment obtained agst. them & Danl. Neale their Security at the last Court be confirmed. And it is Considerd by the Court that the Plt. recover agst the sd. Defts and the sd. Daniel Neale the debt in the Declaration mentioned amounting to twelve hundred and forty pounds of tobo. together with their Costs by them in this behalf Expended. and the sd. Deft. in mercy etc. But this Judgmt. (the costs Excepted) is to be Discharged by the payment of six hundred and Twenty pounds of tobo with Interest on the same at the rate of 5% per Annum to be Computed from the 25th day of December 1762 till the time of payment Page 199 10 August 1763 Barbee Davis......................................... Plt. ag.st In Case Ellis Gill........................................ Def t. This day came the Plt. by his attorney. And thereupon came also a jury to wit. Elisha Betts, Henry Boggess, Joseph Wildey, Samuel Eskridge, James Mealey, Lewis Lamkin William Palmer, Isaac Haynie, Jessee Garner, Thomas Williams, Joseph Hurst and George Marsh. Who being Sworn well and truly to Enquire of Damages in this Suit upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. nonperformance of the Assumption in the Declaration mentioned to Seven pounds ten Shillings Currt. money. besides his Costs. Therefore it is Considered by the Court that the Plt. recover agst. the sd. Deft. and Samuel Jones his Security, his Damages Afroesd. in form Aforesaid Assessed & his Costs by him in his behalf Expended. And the sd. Deft. in mercy etc. Lease from Robert Carter Esq. of the one part to Richard Marsh of the other part was Proved by the Oaths of Charles Marsh and Ewell Alexander two of the Witnesses thereto & Admitted to Record. John Mathews......................................... Plt. ag.st In Case William Lancaster........................................ Def t. Dismissed, being agreed by the parties The Attachment bro’t by James Lamkin against Samuel Eskridge on an order for Attendance is Dismissed, the Plt. agreeing to pay Costs. James Lamkin......................................... Plt. ag.st In Case James Craine........................................ Def t. Continued The jury yesterday Sworn to try the Issue Joyned between William Townsend Plt. & George Marsh Deft. upon their Oath do say that the Deft. is not guilty in manner and form as the Plt. against him hath declared. Therefore it is considerd by the Court that the Plt. take nothing by his Bill but for his false Clamour be in mercy etc. And that the Deft go home without day & recover against the Plt. his Costs by him about his Defence in this behalf Expended. Orderd that George Marsh pay unto Rebecca Marsh Three hundred pounds of tobo for Twelve days Attendance at this Court as a Witness for the sd. George at the Suit of Wm. Townsend. Page 200 10 August 1763 Additional Comments: Pasted through automated forms by file manager from CD submission. File at: http://files.usgwarchives.net/va/northumberland/court/17621766525gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 98.9 Kb