May Term 1796
[OCPQS 5/81 - May 1796]
At a County Court of Pleas and Quarter Sessions begun &
held for the County of Orange at the Court in Hilsbo on 23d day May,
being the 4th monday of sd month and in the year of our Lord one
thousand seven hundred & ninety six (1796). Present, The Worshipful the
Justices, to Wt: Wm McCauley, James Carson, James Christmas} Esqrs.
The Sheriff Christmas, James Craig Excus’d, James Wilson,
Eli Hill, Dan’l Booth, Christopher Barbee, James Nelson, Wm Rhodes Excus’d, Dan’l
Cloud, Henry Haisting, Zachariah Herendon Excus’d, Reuben Burrows, James Ray,
Joseph Courtny, Enuch Collins, John Pugh, Henry Mason, Charles Dunnegan, James
Watson, Peter Wrightsman, John Thompson, Thomas McCulloch, Benj Yeargan, John
Kenneday, And[re] McCulloch, Benjamin Rhodes.
[OCPQS 5/82 - May 1796]
The Grand Jury Impanneld & sworn, to Wt: Benjamin
Yeargan Foreman, Rob’t Moore, James Watson, Charles Dunnegan, Benjamin Rhodes,
Joseph Courtny, James Wilson, Christopher Barbee, James Nelson, John Thompson,
Enuch Collins, John Kanneday, Thomas McCullochCracken, Peter Wrightsman,
Eli Hill.
Remaining Jurors of the original pannel: Thomas Brewer,
Dan’l Booth Ex’d, Reuben Burrows, Dan’l Cloud, James Ray, Henry Mason, Wm
Jackson, Henry Haisting, Charles Christmas, And[rew] McCulloch.
[OCPQS 5/83 - May 1796]
John Casey & Wm Belvin are appointed to examine accompts
& vouchers of Dav’d Ray County Trustee to report &c.
Wm Courtny & Sterling Harris Esqrs are appointed to
examine the acco’s & vouchers of Wm Belvin Exr of Sam’l Clenney Dec’d
&c.
Jonathan Lindley & Jno Thompson Esqrs are appointed to
examine the acco’s & vouchers of Joseph Woody admr of the Estate of Frances
Bartly dec’d & report to next Court.
James Craig, Wm Rhodes & Zachariah Herendon and Hugh McAdams
are excused from serving as Jurors at this Terms for reasons shewn the Court.
John Ray vs John Williams} Ejectment. Jury Sworn &
charg’d, to Wt: Richard Christmas, Dan’l Cloud, And[rew] McCulloch, Wm Jackson,
James Ray, Henry Haisting, Thomas Bird, Henry O’Dannel, John Forrest, Thomas
Fitch, Wm Gant, Jno Elliss. Plaintiff call’d & non Suit. Plaintiff appeals.
[See OCPQS 5/85.]
[OCPQS 5/84 - May 1796]
10. John Ray & James Jamerson vs Rob’t Carson & Jno
Carrington} Debts. Jury Sworn, to Wt: Dan’l Cloud, And[rew] McCullock, Wm
Jackson, James Ray, Henry Haisting, Thomas Bird, Henry O’Dannel, Jno Forrist,
Thomas Fitch, Wm Gant, Tobias Smith, Dav’d English, find that there is no
payment or set off.
12. Joseph Taylor vs John Carrington} Covenant. Same Jury as
in No 10 charged, find the Covenant to be the act & Deed of the Defendants,
that there is no Payment, set off or Satisfaction, that the Defend’t has not
performed his Covenants & assess the Plffs Damages to £115.8.0 & Costs.
Appeals & offers Wm Mangum & Wm Cozart Sec’ys.
13. Messrs Cockran Mukin? & Co vs Jno Fairman} Case.
Same Jury as in no 10 charg’d, find the Defendant did assume within three
years, that there is no pay’t or set off & assess the Plaintiffs Damages to
£572.19.7 & 6d Costs.
[OCPQS 5/85 - May 1796]
John Ray agt John Williams Ejectm’t. Richard Christmas a
Juror &c proves his attendance as a Juror to Wt on the premises 1 day, in
Court 3 days, 4 days in all mileage in all 110 miles – £2.18.8. Jno Ellis
proves his attendance as a Juror 2 day on the premises, 3 in in Court, 5 in
all, 160 miles in all 160 – £4.2.8. [See OCPQS 5/83.]
James Philips vs James Patterson} Slander. Same Jury as in
No 10, find the Defendant Guilty within three years six months before
the bringing of the action and assess the Plaintiffs Damages to £50 & Costs
of Suit.
The State vs Wm Dosset} Recog £50 for his appearance at this
Term to answer for an assault on Wm Ansley.
The State vs Wm Hall} Recog £25 for the appearance of Wm
Dosset as above.
[OCPQS 5/86 - May 1796]
15. Wm Shepperd vs John Coleman} appeal. Jury charg’d &
sworn, to Wt: Lewis Kirk, Wm Strayhorn, Dav’d White, John Rippey, John Wheelor,
Wm Lockard, Wm Patterson, Alexander Boreland, Levi Hall, John Flintham, Geo
Johnston, Jno McCanlis, find for the Plaintiff £7.9.10 & Costs.
16 John Gattis Jun’r vs Rich’d Blackwood} T A B. Same Jury
as above Sworn, find for the Plaintiff 1 d & Costs.
17. The Trustees &c vs John G Rencher & others}
Debt. Same Jury as above except Tho Hart in the room of Alex Boreland, find the
Conditions of the Bond are not performed.
18. Wm Faucit vs Samuel Riggs} T A B. Same Jury as in No 17
charg’d, find for the Plaintiff & assess his Damages to 1d & Costs.
The Court adjourns until tomorrow 10 o’Clock.
[OCPQS 5/87 - May 1796]
Tuesday morning 10 o’Clock 24th May 1796, Court
met according to adjournment. Present: Jonathan Lindley, Sterling Harris,
Empson Bird, James Christmas} Esqrs.
[Jury:] Henry Haisting, Charles Christmas, Wm Jackson,
And[rew] McCulloch, James Ray, Dan’l Cloud, Wm Haisting, Wm Mangom, Dav’d
Parker, Alex Kirkpatrick, Owen Lindley, John Mitchum.
19. The Surviving Part[ner]s of James Mills & Co vs Samuel Dannel} Debt.
The above Jury charg’d &c, find the Bond declared on to be the act and Deed
of the Defend’t, that he did not pay it at the day nor after the day, that he
made no satisfaction & that there is no set off & that the £40 Virg
currency is of the value of £66.13.4 & assess the Plaintiffs Damages to 6d.
Samuel Couch is exonerated from being overseer of the road
from Wm Rhodes’s to Gilbert Strayhorns, he the sd Samuel living on the road
that leads down new hope to Raleigh, and has always work’d on the sd road &
no other.
James Strayhorn is appointed overseer of the road from Wm
Rhodes to Gilbert Strayhorns in the room of Samuel Couch until February Court
next.
[OCPQS 5/88 - May 1796]
22. Samuel Parks Jr vs Jacob Flowers & Jno Scott} Debt.
Jury sworn, to Wt: James Mebane, Sion Bobbit, Ezekail Trice, Tho Armstrong,
Levi Hall, Geo Johnston, Moses Crawford, Wm Trousdale, Wm Belvin, Samuel
McCracken, John Neely, Thomas Bradshaw, find the Bond to the act and Deed of
the Defendants, that there is no paym’t, satisfaction or set off & assess
the Plaintiffs Damages to £6.7.2 & Costs. Principal 26.10 [totaling]
£32.17.2
23. John Flintham vs Wm Brownen} Case. Jury Charg’d &
sworn, to Wt: Henry Haisting Ex’d, Charles Christmas, Wm Jackson, And[rew]
McCulloch, James Ray, Dan’l Cloud, Wm Haisting, Wm Mangum, Dav’d Parker, Alex
Kirkpatrick, Owen Lindley, James Mitchel, find for the Defend’t.
[OCPQS 5/89 - May 1796]
John Thompson Esq exhibits to this Court for probate a paper
writing purporting to be the last Will and Testament of [blank] dec’d, which is
Caveated by John O’Dannel.
The Court adjourns until to morrow 10 O’Clock.
Wednesday morning 10 o Clock 25th May 1796,
Present: Jonathan Lindley, Shad Forrist, Geo Dannel} Esqrs.
[Jury:] Charles Christmas, Wm Jackson, And[rew] McCulloch,
James Ray, Dan’l Cloud, Samuel Clenny, Owen Lindley, Geo Johnston, John Taylor,
Wm King, Ezekael Trice, John Kelly.
27. Joseph Brown vs Stockly Donaldson} Covenant. The above Jury sworn &
charg’d, find the Deed mentioned in the Plaintiffs Declaration to be the act
and Deed of Def’t, that the Covenants on part of Defend’t have not been
perform’d, that he has not been always ready to perform the same, that there
has been no tender on the part of the Defendant & no refusal on the part of
Plaintiff, that the Defend’t has broken his covenant, that the Plaintiff has pd
one hundred pounds Spec Cert in pursuant this agreem’t and assess the
Plaintiffs Damages to £875 & 6d Costs.
[OCPQS 5/90 - May 1796]
John Faddis exhibits his List of Insolvents in the
Collections of the Public taxes in the town of Hillsboro for the year 1794 to
the amount of £10.16.6 which being sworn to by the sd John Faddis is allow’d by
the Court. recinded.
28. Wm Kirkland & Co vs James Patterson} Debt. Jury to
to Wt Sworn [sic]: James Mebane, Samuel Scott, Henry Thompson, John Dannel,
James Coghlin, Jno McCauley, Samuel Thompson, Jno Stroud, Wm Wood, James
Crutchfield, James Cain, Stephen Hart, find the Bond to be the act & Deed
of the Defendant & that there is no payment or set off.
29. Same vs Wm Ray Esq} Debt. Same Jury as above sworn
&c, find that there is no payment or set off and assess the Plaintiffs
Damages to £5.4.4.
[OCPQS 5/91 - May 1796]
Ordered that Dav’d Ray County Trustee be allowed the sum of
Forty six pounds 6/2 for receiving & paying out and County monies.
30. Gracie & Anderson vs James Patterson} Debt. Same
Jury as in No 28 charg’d &c, find the Bond to be the act & Deed of
Defend’t, that there is no payment of set off, that the Penalty of the Bond of
£72.18.8 Virginia money is of £121.11.1.
34. Andrew Patterson vs Alexander Dugger} Case. Jury Sworn
& charg’d: Charles Christmas, Wm Jackson, And[rew] McCulloch, James Ray,
Daniel Cloud, Samuel Clenny, Owen Lindley, George Johnston John Faucit,
John Taylor, Wm King, Ezekail Trice, John Kelley, find the Defendants did not
assume.
[OCPQS 5/92 - May 1796]
Ordered that the County Trustee make the necessary allowance
to the Sheriff or Collector of Taxes on acco of the Insolvents allow’d the
Sheriff or Collectors at this Term to amount of £13 and £14.18.11.
recinded by the same Court. [note in left margin:] Col McCauley, Jon Lindley,
Shad Forrest} present.
Administration of the estate of Jeanet McCazen Dec’d with
the will annexed [not found] is granted to John O’Dannel who enters into Bond
with Joseph Hodge & Tho Whithead his Sec’ys in the sum of £500 &c.
Wm Kirk assignee &c vs John & Fred Taylor} Arch’d
Campbell a witness Subp on behalf of Plaintiff being called on his S’pa &
failing to appear is fin’d according to act of assembly. Issue Sci fa afsd.
Wm Courtney & Sterling Harris Esqrs are appointed to
examine the Vouchers of Martha Nale & Sarah Whithead Ex’cs of the estate of
Rob’t Nale Dec’d & report to this Court. [See also administration &
guardianship OCPQS 5/2.]
[OCPQS 5/93 - May 1796]
Thursday morning 26th May 1796, Court met
according to adjournment. Present: Wm Courtny, James Carson, Jno Ray, Wm Ray,
Sterling Harris, Geo Dannel, John Sloss, James Christmas, Shad Forrest,
Jonathan Lindley.
John Williams Esq resigns his office as States Attorney for
this County & John Augustus Williams is appointed in his stead & takes
the oath of office.
State vs Henry Willis} Ind Assault. Jury Sworn, to Wt:
Charles Christmas, Wm Jackson, And[rew] McCulloch, James Ray, Dan’l Cloud,
Anderson Hunt Stroud, Samuel Dannel, Jno Denning?, Samuel Clenny, James
Baker, Rich’d Hargraves, And[rew] McClary, find the Defend’t Guilty.
[OCPQS 5/94 - May 1796]
Ordered that John G Rencher who was some time ago appointed
to take into his care and safe keeping the estate of John Patterson Dec’d and
who returns into Court here an acco a Settlem’t of sd estate, Be and he
is hereby allowed 5 p cent Commissions for his services in the Settlement of sd
Estate, say in the amount to Wt £838.16.0.
Barnibas O’Farrill takes the necessary oaths in open Court
in Conformity with the act of Congress for the uniform naturalization of
aliens, he the sd Barnibas having resided in this County three years & five
months.
State vs Jonathan Clenny} Ind’t Ass’t. Jury Sworn, to Wt: Wm
Lockard, Jno Griffin, James Clendenon, Wm Strayhorn, John Kelley, Tho Hart,
Thomas Lynch, Henry Mason, Armour King, Moses Lynch, John Cole, Edw’d King,
find the Defendant not Guilty, ordered that Samuel Smith the Pros pay the Costs
of the above Indicitm’t.
[OCPQS 5/95 - May 1796]
Stephen Hart & others vs Thos Hart} Petition. Wm
Courtney, Samuel Benton & John G Rencher to whom was refered the above
Petition returns their award that the one hundred acres of Land mentioned in
the Petition be divided as the act of Assembly points out into four equal
parts, the commissioners having regard to the quality as well as the quantity
of the land and that Thomas Hart the Defendant be subject to pay the
Petitioners Attos fee, the rest of the costs to be equally divided between eh
parties. Whereupon the Court orders that the following Commissioners with eh
County Surveyor Partition the said one hundred acres of Land agreable to the
above award, to Wt: Owen Lindley, Sam’l Chambers, Jno Taylor Enoe, Rob’t Faucit
& Peter Wrightsman, & that they make return to our next Court.
Wm Courtney & James Christmas Esqrs are appointed to
examine the accompts & vouchers of Rob’t Scoby Guard of Sol & Stephen
Debow orphans of Jno Debow dec’d in his settlement as Guardian &c &
make report to next Court. [This examination apparently touched off the removal
of the boys’ stepfather Robert Scoby as their guardian in favor of their cousin
Archibald Debow Murphey - see OCPQS 5/143-145. In April 1797, Murphey took a
deed of trust on the place where Scoby lived (the dower lands of his wife, Lucy
Scoby, the former Mrs Debow). The Deed of trust was for £302 and change - the
Debow boys’ inheritance – see OCPQS 5/544
& ODB 7/435 – which Scoby was to pay off by 1 Jan 1798, though he
apparently failed to do so, as Murphey received another deed of trust on
Scoby’s personal effects in February 1798 and was soon battling Scoby’s other
creditors – see OCPQS 5/544.]
Henry Thompson Sr, Tho Watts & Wm Belvin are appointed
to assess the Town property of Hillsbo for the year 1795 & report to this
Court.
[OCPQS 5/96 - May 1796]
Ordered that ??? ???? infant boy call’d by the name
of John Cole son of Martha Cole now of the age of four years the 27th
February last be bound to Charles King until he shall arrive to Lawful age to learn
the art & mistery of a Farmer. [See Apprentice Bonds, image 311.]
Jno Dennin vs Benj Spencer} O Atta. Judgm’t pr Default agt
Defend’t Zacheas Tate a Guarnishee being sworn declares that he is indebted to
Benj Spencer in or about the sum of £15 which is condemn’d by the Court for the
use of the Plaintiffs recovery.
The Court adjourns until ??? to morrow morning 10 o’Clock.
[OCPQS 5/97 - May 1796]
Friday morning 10 o’Clock, 27th May 1786, The
Court met according to adjm’t. Present: Wm Courtney, Wm McCauley, Jonathan
Lindley, Jno Walker, Empson Bird} Esqrs.
Ordered that an Infant Girl call’d & known by the name
of Leah Pollard of the age of Seven years on the 28th of February
last be bound to Abraham Whittaker until she arrive to Lawful age. [See
Apprentice Bonds, image 309.]
Ordered that Samuel Chambers be appointed overseer of the
road from Nelsons branch to the town of Hillsbo until February next with the
following hands to Wt: [blank]
[OCPQS 5/98 - May 1796]
Justices Present on the Election of Sheriff & Surveyor
for Orange County: John Walker, Wm McCauley, Wm Courtny, Jonathan Lindley,
Rob’t Campbell, Arch’d Campbell, Jno Thompson, Jno Ray, Wm Ray, Wm Shepperd,
Benj Lacey, Hardress Hawkins, Jno Sloss, James Christmas, Wm Strudwick, Geo
Dannel, Shad Forrister, Jno Rhodes, Jno Taylor, Wm Raney, Wm Watters, Sterling
Harris, Empson Bird, Jno Umstead, James Baldwin, Hardy Hurdle, Frances Mould??,
James Carson, James Moore.
When Andrew Murdock Esq was Elected high Sheriff for the
County of Orange in the room & stead of Jn Hodge Esq whose time as Sheriff
is expired.
Charles Christmas is Elected Surveyor of the County of
Orange in the room of Thomas Mulholland Dec’d & the sd Chas Quallified
accordingly & also entered into Bond with Rich’d Christmas, Jos Hodge, Andrew
Murdock & Wm Hall his Sec’ys in the sum of £2000.
[OCPQS 5/99 - May 1796]
Joseph Hodge late Shff &c is allow’d £50 for his Ex
officio Services for one year past.
Samuel Benton Deputy Clerk of Orange County Court is allow’d
£50 for his Ex officio Services as Deputy Clerk from the February Term 95 to
February Term 1796.
Rich’d Christmas, And[rew] Murdock, Joseph Hodge & Hardress
Hawkins Wm Hall are approved of by the Court as Securities for Charles
Christmas Surveyor £2000.
Wm Courtney, John Thompson, Dav’d Ray, Richard Christmas
James Baldridge Esqr is appointed Treasurer of the Trustee
Public Buildings &c.
John Sloss, Wm Shepperd & Henry Thompson are offered as
Securities in the sum of £2000 for the performance of James Baldridge in his
appointm’t who are approved of by the Court.
[OCPQS 5/100 - May 1796 IS IT POSSIBLE THE MICROFILMERS
SKIPPED TWO PAGES HERE?]
Wm Forsyth, Rob’t Trotter, Edm’d Jones, Sam’l Caruthers are
appointed to lay off & value one acre of Land opposite.
Ordered that the Collector of Public Taxes Collect 2/ on
every Poll, 18d on each hundred acres of Land and 2/ on each hundred pounds
value of town property as a County tax for the year 1796.
?????? ????? ?? ??????????
The Jury who was appointed to mark out & lay off a new
road from James Strayhorns to Benjamin Peelors returns here into Court their
proceedings which to Wt that they have mark[ed] & lay’d out the
same.
Ordered that the Sheriff summon the following persons to
attend as Jurors at our County Court of Pleas &c to be held on the 4th
monday of August next: Page Patterson, Ezekail Trice, Wm Trice, Hardy Morgan,
Jarrot Morgan, Edm’d Jones, Edw’d Jones, Zach Herendon, Benj Herendon, Francis
Barbee, Jn Bragg, James Lapslie, Jno Wilkinson, Stephen Thompson, Edw’d Trice
Second Creek, Wm Clark flat rock, Caleb Harvey, Owen Lindley, Henry Nail, Rob’t
Morrison, Tho Lindley son of ????, Eli Harvey, James Woody, Geo Laws Jr, Elias
Turner ?r, Jno Taylor Eno, Dav’d Gilson, Barney Lapsley, Thomas Howard.
[OCPQS 5/101 - May 1796]
Shadrack Forrister Esq is appointed to receive the lists of
Taxables in the District of St Marks for the present year.
Benj Lacy is appointed to receive the list of Taxables in
the District of Caswell for the present year.
Wm McCauley Esq is appointed to receive the list of Taxables
in the District of St Thomas’s for the present year.
James Baldridge Esqr is appointed to receive the list of
Taxables in the District of Hillsbo for the present year.
Wm Ray Esqr is appointed to receive the list of Taxables in
the District of St Asaphs for the present year.
Wm Shepperd Esq is appointed to receive the list of Taxables
in the District of Orange for the present year.
Jno Sloss Esqr is appointed to receive the list of Taxables
in the District of Chatham for the present year.
Walter Alves is appointed to receive the list of Taxables in
the District of St Marys for the present year.
Maj’r Jno Ray & Geo Johnston are appointed Inspectors of
the Poll of our ensuing annual Election.
[OCPQS 5/102 - May 1796]
No 1. Jesse & Dav’d Lynch vs Admrs of Thomas Lunch Dec’d
& Rich’d Hargroves} Petition. On hearing the Petition and answer in ???? It
is ordered by the Court that the Defendants Richard Hargroves & Mary his
Wife Admrs of Thomas Lunch Dec’d who died intestate pay to the Petitioners two of
the children of the sd Thomas a follows, that is to say to the Petitioner David
Lunch the sum of Sixty one pounds one shilling & three pence and to the
Petitioner Jesse Lunch the sum of Fifty pounds four shillings which sums are in
full of the Petitioners respective shares of the sd Intestates Estate.
[OCPQS 5/103 is blank.]
[OCPQS 5/104 - May 1796]
John Strain, Alex Strain & James Strayhorn are appointed
to examine the Bridge built for Morgans Creek at Mathew McCauley’s Mill &
to report whether the sd Bridge is built in a workman like manner & say
also their opinion of the Value of the sd work to our next Court. [See
Dunaway's Bridge Records, page 19.]
Dav’d
Williams Master in July 30th last Saturday
Capt Griffiths
Master last Saturday in Une at Widow ????
Capt
Thompson 1st Saturday Jul next Willing?
Cap Sloss 2d
Saturday in Jul near his house
Capt
Christmas 1st Saturday in Aug’t.
Capt
Forister 2d Saturday in July at Benj Rhodes.
Capt Cole
do.
Capt
Stockard do.
Capt 1st Saturday Aug’t.
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