May Term 1805
[OCPQS 7/19 – May 1805]
State of North Carolina, At a Court of pleas & quarter
Sessions begun & held for Orange County on the fourth Monday of May A D
1805. Present: James Carson, Ca Campbell, Abner B Bruce} Esqrs.
The Sheriff returns his Venire Facias Ex’d, Vizt: [blank].
[OCPQS 7/20 – May 1805]
Grand Jury: Augustine Willis, James Clendening, Mich’l Shoftner,
William Holt, Benjamin Yeargain, David Gilston, Tho Holloway, Samuel Crawford,
Jacob Garrison, Thomas Griffin, Ezekiel Brewer, Robert Holliday, John Workman,
John Freeland, James Dixon.
William Andrews Sworn to attend the Grand Jury as a
Constable at this Term.
Remaining Jurors: Christopher Barbee, Robert Faucett, John
Galbraith, Jacob Harden, Wm Guy, Wm Hogan, Wm Gant, James Mason, Wm Harvey.
[OCPQS 7/21 – May 1805]
Jurors of the Original Pannell who failed to appear, vizt:
Edward Trice, William Nunn, Geo Albright, Leven Woods, Ephraim Hook?, Rich’d
Bennehan Ex’d.
Andrew Gibson vs Thomas H Perkins} Jury charged: Christopher
Barbee, Robert Faucett, John Galbrath, Jacob Harder, William Guy, William
Hogan, William Gant, James Mason, William Harvey, James McClure, James Tate,
John Reeves. Find that that [sic] Defendant did assume and within three years,
that there is no Set off & assess the Plaintiffs Damages to £125.18/1 &
Costs.
[OCPQS 7/22 – May 1805]
Andrew Gibson vs Thos H Perkins} John Ray a Witness in
behalf of the Defendant being called by the Sheriff but failing to appear
according to the Subpoena Served on him is fined According to Act of Assembly.
Andrew McCulley vs Daniel Atkins} Jury charged: Robert
Murdock, James Comb, George Johnston, Isaac Newton, Jonathan Thompson, Moses
Guess, Daniel Cloud, Eli Hill, Levi Whitted, Tho McCracken, William Barbee,
Thomas Couch. Find that the Def’t did assume, that there is no set off &
assess the Plffs Damages to £6 & Costs. On Motion, Judgment agt the Sec’s
on the appeal.
[OCPQS 7/23 – May 1805]
Andrew McCulley vs Daniel Atkins} Same Jury. Find that the
Defendant did assume, that there is no set off & assess the plffs Damages
to £6 £6 & Costs. Judgment against the Sec’s for appeal.
Morgan Hart vs Charles Wilkie} Same Jury as in No 2. Find
the Defendant Guilty & Assess the Plffs Damages to £2.10/ & Costs.
The Execution of a Deed from John Edwards to Tho Edwards was
duly ack’d in open Court [by] John Edwards the subscriber thereto & ordered
to be registered. [See ODB 11/340.]
The Execution of a Deed from Sam’l Whitsell to Thos Lloyd Jr
was duly ack’d by Sam’l Whitsell the subscriber thereto & ordered to be
registered. [See ODB 11/343.]
The Execution of a Deed from Sam’l Shaw to David Mebane was
duly proved in open Court by the oath of Joseph Clendinen a subscribing Witness
thereto and ordered to be registered. [See ODB 11/329.]
[OCPQS 7/24 – May 1805]
Tuesday Morning 28th May 1805, Court met
according to adjournment. Present: Ca Campbell, James Carson, Sam’l Hopkins}
Esqrs.
William Lockhart Jr &c vs Augustine Dishon &c} Jury
charged: Christopher Barbee, Robert Faucett, John Galbraith, Jacob Harder,
William Guy, William Hogan, William Gant, James Mason, Wm Harvey, Joseph Moore,
Wm Campbell, John Reeves. Find that the Defendant did not assume.
[OCPQS 7/25 – May 1805]
Moses Carroll &c vs James McCauley} Jury charged: James
Hutcheson, John Morgan, Henry Forrest, Amos Nichols, William Morrow, James
Stockard, George Johnston, Sam’l Chambers, James O’Daniel, Thomas Brewer, James
Dunn, James Minnis. Assess the Plffs Damages to 1d & Costs.
Horneday & Wheeler vs Tobias Smith} Same Jury as above.
Find no pay’t or set off & assess the Plffs Damages in Prin & Int to
£33.3/ & Costs. The Plffs by their Attorney acknowledge payment of £33.3/
by Tobias Smith.
[OCPQS 7/26 – May 1805]
Samuel Hart & Co vs Absalom Holt} Same Jury as above.
Assess the Plaintiffs Damages to £64.8/ & Costs. £64.8/
William Brickell vs Robert Bell} Same Jury as above. Find
that the Defendant did assume, that there is no pay’t, set off or Satisfaction
& assess the Plffs Dams £40.5/11 & Costs.
James Riggs vs Thomas Woods} Same Jury. Find the Defendant
Guilty & within one year, that there is no Justification & assess the
plffs Damages to 6d & Costs.
[OCPQS 7/27 – May 1805]
Joseph More a Talisman is fined 20/ for his nonattendance at
the Call of the Sheriff.
James Davis vs Jacob & Nicholas Harder} Jury charged:
Christopher Barbee, Robert Faucett, John Galbraith, William Guy, William Hogan,
William Gant, James Mason, William Harvey, William Campbell, John Reeves,
Robert Carson, Abram Craig. Assess the Plffs Damages to £106.12/ & Costs.
Daniel Cloud vs John Jameson} Jury charged: Christopher
Barbee, John Galbraith, William Guy, William Hogan, William Gant, James Mason, Joseph
Moore Sam’l Woods, William Campbell, John Reeves, Robert Carson, Thomas
Woods, Abram Craig. Find that the Defendant is Guilty of the Trespass laid on
the Plffs Declaration & within three years & assess the plaintiffs
Damages to £20 & Costs. Appeal prayed.
[OCPQS 7/28 – May 1805]
Moore & Turrentine vs Stephen Hart} Same Jury as in No
[blank]. Find no pay’t or set off & assess the plaintiffs Damages to £2.10/3.
Prin 33.12.
Washington D Medearis vs Robert Bell} Same Jury. Find no
pay’t or set off and assess the plff Damages to £44.3.3. Prin 140.4.6
[totaling] 184.7.9.
William Lockhart Jr vs Richard Freeman & others} Same
Jury. Find the Conditions not performed & assess to 6d Dam & 6d
Costs the Plffs Damages to 6d & Costs.
[OCPQS 7/29 – May 1805]
Matthew Barber vs Isaac Bracken} Same Jury. Find the
Defendant Guilty & within One Year, that there is no Justification &
assess the Plaintiff Damages to 6d & Costs. Ordered that the Defendant be
not Subject to the payment of more than two of plaintiffs witnesses.
William Kirkland, Abner B Bruce & John Casey are
appointed a Committee to examine the Accounts of Sterling Harris esquire
Treasurer of Public Buildings for Orange County and report to this this [sic]
Term.
Thomas Tomlinson vs Jesses Rice’s Exrs} Same Jury charged.
Plff called & non Suit.
John Hogg vs George Gregston & others} Same Jury. Find
the Covenant not performed & assess the Plffs Dams to £41.6/2 & Costs.
[OCPQS 7/30 – May 1805]
Jacob Umsted vs Moses Jones} Same Jury. Find no pay’t or set
off & assess the plffs Damages to £2.15 & Costs. Prin 34.5.
Andrew McCulley vs Dan’l Atkins} Same Jury, assess the
plaintiffs Damages to £6 & Costs. Judgm’t against the Sec’s in the appeal.
The Execution of a Bill of Sale from David Sloan to Wm
Norwood was duly proved in open Court by the oath of Sam’l Hill a subscribing
Witness thereto and ordered to be registered. [See ODB 11/351.]
The Execution of a Deed from Henry Thompson to Daniel Cloud
was duly ack’d in open Court by Henry Thompson the subscriber thereto and
ordered to be registered. [See ODB 11/345.]
The Execution of a Bill of Sale from Nath’l McLemore to Hugh
Mulhollan was duly prove[d] in open Court by the oath of James Patterson a
subscribing Witness thereto and ordered to be registered. [See ODB 11/333.]
[OCPQS 7/31 – May 1805]
Administration on the estate of Edmund Green Dec’d is
granted to James Stockard who enters into Bond with James Clendening &
James Thompson in the sum of £1500, the Widow of the said Edmund Green Dec’d
having relinquished her right of Administration.
Ordered that Isaac Holt Esqr, John McDaniel, John Scott
& Richard Christmas be appointed Commissioners to lay off & allot to
Agness Green Widow of Edmund Green Dec’d One Years Provision.
Ordered that James Stockhart Admr &c have leave to sell
the perishable property belonging to the Estate of Edm’d Green Dec’d.
Administration on the Estate of
[OCPQS 7/32 – May 1805]
Uriah Tate the eldest Brother of John Tate Dec’d having come
into Court & relinquished his right of administration on the Estate of the
said John Tate Dec’d to Richard Hornbuckle, It is therefore Ordered that
Richard Hornbuckle be appointed Administrator to the Estate of John Tate Dec’d
who enters into bond with James Moore & Uriah Tate in the Sum of £1000.
The Execution of a Bill of Sale from Arch’d Campbell to
James Lapsley was duly proved in open Court by the oath of Ca Campbell a
subscribing Witness thereto and ordered to be registered. [See ODB 11/338.]
The Execution of a Deed from Martin Palmer to William Palmer
was duly proved in open Court by the oath of George Clancy a subscribing
Witness thereto and ordered to be registered. [See ODB 11/346.]
The Execution of a Deed from Joshua Wittie to John Umstead
was duly proved in open Court by the oath of Morgan Hart a subscribing Witness
thereto and ordered to be registered. [See ODB 11/349.]
[OCPQS 7/33 – May 1805]
Wednesday Morning, Court met according to adjournment.
Present: Ca Campbell, Jonathan Lindley, Mich’l Holt.
James Walker vs Archer Harris} T Q C F. The Defendant by
his attorney agrees the Line run by James Latta in January 1803 between the
Plaintiff and Defendant begining at a red oak near the Original Line runing
thence for a dividing Line South fifty two Degrees West thirty Six Chains to a
White Oak Stump in the said Harris’s field, thence South forty one degrees West
eighteen chains to a white Oak Saplin, thence South thirty one degrees West
twenty five & an half Chains to a dead Spanish Oak old Corner, which shall
be and remain the dividing Line between the parties aforesaid according to the
Certificate of said James Latta filed in this Cause & Confesses Judgment
for one penny & Costs.
[OCPQS 7/34 – May 1805]
The State vs Wm Love} forfeited recognizance for the
appearance of Hyrom Love. The Defendant admits the Service of Scire facias.
Present: Mich’l Holt, David Mebane, A B Bruce, Joseph Clendening, James Moore,
Jonathan Lindley, John Taylor} esqrs. On Motion, It is the opinion of the Court
that the recognizance be remitted on the payment of all the Costs attending the
prosecution.
[OCPQS 7/35 – May 1805]
The State vs Amos Nichols} Jury Sworn: Christopher Barbee,
Robert Faucett, John Galbraith, Jacob Harder, William Guy, William Hogan,
William Gant, James Mason, William Harvey, James Faucett, James Tate, Charles
Shanks. Find the Defendant Guilty in manner & form as charged in the Bill
of Ind’t.
The State vs Wm B Mebane} Same Jury Sworn. Find the
Defendant Guilty in manner & form as charged in the Bill of Ind’t.
James
The Execution of a Bill of Sale from Uriah Tate to George
Lee was duly proved in open Court by the oath of Sam’l Patton a subscribing
Witness thereto and ordered to be registered. [See ODB 11/328.]
The Execution of a Deed from Michael, John & Henry
Trolingar to Henry Trolingar was duly proved in open Court by the oath of
Stewart Dixon a subscribing Witness thereto and ordered to be registered. [See
ODB 11/338.]
The Execution of a Deed from James Mason to Armour King was
duly proved in open Court by the oath of James Davison a subscribing Witness
thereto and ordered to be registered. [See ODB 11/333.]
The Execution of a Deed from Jesse Nevill Jr to Goodman
Neville was duly proved in open Court by the oath of Jesse Nevill Jr [sic] a
subscribing Witness thereto and ordered to be registered. [See ODB 11/341.]
The Execution of a Deed from Andrew Gray to Alexander Mullan
was duly proved in open Court by the oath of Archelaus Willson a subscribing
Witness thereto and ordered to be registered. [See ODB 11/334.]
[OCPQS 7/36 – May 1805]
Thursday, Court met according to adjournment. Present: Ca
Campbell, A B Bruce, John Taylor} Esqrs.
Ordered that the Sheriff do summon a Jury of good and lawful
Men to view and lay out a good and convenient Road from the House of William
Leathers Sr to the main Road leading from Kennon’s Mill on Enoe to Raleigh
& make report to next Court.
On Motion of John Daniel, leave is given him to erect a
water Grist Mill on Morgans creek, he owning the land on both sides, & the
the [sic] same when erected be a publick Mill.
The State vs Willis Roberts} On motion, Ordered that Willis
Roberts pay unto Celia Stagg the Sum of Twenty Seven pounds, vizt twelve pounds
immediately, five pounds on the 27th June 1800 & five pounds pr
year for each year thereafter until the whole is paid for the maintenance of a
child of which said Calia Stagg hath been lately delivered. [See Bastardy
Bonds, images 1042 & 1048.]
[OCPQS 7/37 – May 1805]
Ordered that Pomphrey Shelton Tudor Son of Lucy Tudor now of
the Age of Six years on the 14th February next be bound to Barnabas
O’Farrell until he arrives at Lawful Age. [See Apprentice Bonds, image 458, also
OCPQS 7/9, OCPQS 8/465 & OCPQS 8/474.]
The State vs Wm Lindsey} Ordered that the Defendant pay to
Margret Dixon the Sum of twenty Seven pounds vizt twelve pounds immediately
& five pounds per Year until the whole is paid for the maintenance of a
child of which said Mary Dixon hath lately been delivered & of which said
Lindsey stands charged according to Law of being the reputed father. [See
Bastardy Bonds, images 987 & 1005.]
Execution of a Deed from Goin Barbee to Thomas Steele was
duly proved in open Court by the oath of ??? Herndon a subscribing Witness
thereto and ordered to be registered. [See ODB 11/339.]
[OCPQS 7/38 – May 1805]
Ordered that the Ferriages on Haw River be established in
the following Manner, vizt:
A loaded Waggon, Horses & driver L.5/
Empty do do do
3/
Chair, Horse & man
1/6
Stages Four Wheeled Carriage of pleasure
4/
Man & horse
/6d
And that no other Toll of ferriage be demanded or received.
Ordered that the Order of last Term respecting the Children
of John King Dec’d be enlarged until next Term.
The Execution of a Deed from Daniel Wick to Michael
Cockledress was duly proved in open Court by the oath of John Harvey a
subscribing Witness thereto and ordered to be registered. [See ODB 11/337.]
The execution of a Deed from Nath’l McLemore to Mary Graves
Mulhollan was duly proved in open Court by the oath of Sam’l Bradford a
subscribing Witness thereto and ordered to be registered. [See ODB 11/333.]
The Execution of a Bill of Sale from Lewis Kirk to James
Minnis was duly proved in open Court by the oath of James Daniel a subscribing
Witness thereto and ordered to be registered. [See ODB 11/329.
[OCPQS 7/39 – May 1805]
Present the following Justices: John Taylor, Zachariah
Herndon, David Mebane, James Moore, John Rhodes, Sterling Harris, Abner B
Bruce, Catlett Campbell, William McCauley, Samuel Hopkins, Samuel Clinton, John
Thompson, John Cabe, When they proceeded to lay the County Tax vizt: The County
Tax shall be as last year 4d on the poll to build a Bridge.
Ordered that John Taylor Clerk of this Court be allowed £50
for his Ex Officio Services during the last Year.
Ordered that Samuel Turrentine Shff &c be allowed £50
for his Ex Officio Services for the last year.
Samuel Turrentine is elected Sheriff of Orange County who
enters into bond with Catlet Campbell, John Taylor Sr, William Kirkland, Dan’l
Turrentine, John Taylor Jr & Duncan Cameron his Sec’s.
[OCPQS 7/40 – May 1805]
The State vs Asa Barton} Ordered that Asa Barton pay to
Margaret Crabtree the Sum of Twenty Seven pounds vizt, Twelve pounds
immediately & five pounds on the 19th October next & five
pounds pr year thereafter until the whole is paid for the Support &
maintenance of a child (Harriett) of which she hath been delivered and of which
he stands charg’d according to Law with being the reputed father. [Bastardy
Bonds, images 983 & 1003. Per 1803 Civil Action Papers at the Archives,
Harriett was born 19 Oct 1801.]
The Same vs The Same} Ordered that Asa Barton pay to Margret
Crabtree the Sum of Twenty Seven pounds vizt Twelve pounds immediately, five
pounds on the 16th May next, & five pounds pr year thereafter
until the whole is paid for the maintenance of a child of which she hath been
delivered and of which he stands charg’d according to Law of being the reputed
father. [Bastardy Bonds, images 983 & 1003. Per 1803 Civil Action Papers at
the Archives, this child was named John, born 16 May 1803.]
[OCPQS 7/41 – May 1805]
Ordered that Commissioners be appointed to contract with
some proper person for erecting a public Clock to be attached to the Court
House and that a Tax of one shilling on each poll and of one shilling on every
three Hundred acres of Land and one Shilling on each £100 value of Town
property be laid for the purpose of carrying this order into effect subject to
the disposal of the Commissioners, And that Duncan Cameron, John Allison,
Catlet Campbell, Abner B Bruce and Sterling Harris or any three of them be
commissioners to carry this said order into effect.
The Execution of a Deed from Wm Rainey to Benj’n Rainy was
duly proved in open Court by the oath of Mich’l B Rose a subscribing Witness
thereto & ordered to be registered. [See ODB 11/350.]
The Execution of a Deed from Wm Waite, Wm & Samuel
Dickens to Only Owens was duly proved in open Court by the oath of Belitha
Owens a subscribing Witness thereto and ordered to be registered. [See ODB
11/335.]
The Execution of a Deed from Sam’l Turrentine Shff to Isaac
Rainey was duly ackn’d in open Court by Samuel Turrentine the subscriber
thereto and ordered to be registered. [See ODB 11/348.]
The Execution of a Bill of Sale from Nath’l McLemore to
David Ray & Co & Wm Kirkland was duly proved in open Court by the oath
of Thos Howard a subscribing Witness thereto and Ordered to be registered. [See
ODB 11/332.]
[OCPQS 7/42 is blank.]
[OCPQS 7/43 – May 1805]
Friday Morning, Court met according to adjournment. Present:
Sam’l Benton, Ca Campbell, Abner B Bruce} Esqrs.
The Execution of a Deed from Robert Hodge to David Mebane
was duly proved in open Court by the oath of Joseph Clendenin a subscribing
Witness thereto and ordered to be registered. [See ODB 11/330.]
The Execution of a Deed from Sterling Edwards to Nathaniel
Edwards, William Edwards, Arch’d Edwards and John Edwards was duly proved in
open Court by the aff of Joshua Carter a subscribing witness thereto and
ordered to be registered. [See ODB 11/342.]
The Execution of a Deed from John Willson to William Dollar
was duly ack’d in open Court by John Willson the subscriber thereto and ordered
to be registered. [See ODB 11/347.]
Court adjourns.
[OCPQS 7/44 – May 1805]
Saturday, Court met according to adjournment. Present: Sam’l
Benton, Ca Campbell, Abner B Bruce} Esqs.
Walter Alves Esqr one of the Executors named in the last
Will and Testament of James Hogg Dec’d appeared and qualified accordingly. [See
OWB D/146.]
Ordered that Paul Kennon now of the age of Seventeen years
on the third of July next be bound to Henry Shutt until he arrived to lawful
age to learn the art and Mistery of a Hatter. [Bond not found.]
Ordered that [blank] Turner son of Edward Turner Dec’d be
bound to Samuel Chambers until he arrives to Lawful age to learn the art and
mistery of a Farmer. [Bond not found.]
Ordered that [blank] Turner son of Edward Turner Dec’d be
bound to Samuel Chambers until he arrives to Lawful age to learn the art and
mistery of a Farmer. [Bond not found.]
Ordered that [blank] Turner son of Edward Turner Dec’d be
bound to Isaac Holden untill he arrives to Lawful age to learn the art and
mistery of a Saddler. [Bond not found.]
Arhcelaus Willson appears & qualified as Deputy Sherriff
of the County.
Thomas Whitted appears and qualified as Deputy Sherriff of
this County. Test Jno Taylor C.
[OCPQS 7/45 is blank.]
[OCPQS 7/46 is blank.]
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