Colonial Records of the State of Georgia, Volume X, Part 65

Author: Candler, Allen D
Publication date: 1904
Publisher: Atlanta, Ga. : Franklin Printing ; Atlanta, Ga. : Chas. Byrd
Number of Pages: 1054

USA > Georgia > Colonial Records of the State of Georgia, Volume X > Part 65

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Granted

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within seven Months from this date and that he doth also register the said Grant in the Register's Office of this Province within Six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted- and to be laid out agreeable to a Plan exhibited-

Read a Petition of John Graham Esq" setting forth Petition of Jno. that he had Warrants ordered him for three several Tracts of Land of Two hundred Acres and five hundred Acres which Warrants were expired in their Term and the Land not laid out Therefore praying that notwithstanding the lapse of Time the Surveyer general might be enabled and ordered to issue new precepts on the said Warrants that the said Land might be laid out and his Majesty's Grant passed for the same --

Graham for Grant to pass read and

935

NOVEMBER, 1769.

Granted

RESOLVED That on Condition only that the Petitioner doth take out Grants for the said Land within (sie) Montlis from this date and that he doth also register the said Grants in the Register's Office of this Province within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted. -

Petition of Jerm. Wright cept read

and

Read a Petition of Jermyn Wright Esq" setting forth that he had obtained a Warrant for surveying four hun- dred Acres of Land in St Mary's Parish which Warrant was elapsed in its Term and the Land not yet run out Therefore praying that notwithstanding the lapse of Time the Surveyor general might be enabled and ordered to issue a new Precept on the said Warrant that the Land might be laid out and his Majesty's Grant for the same obtained ---

Granted

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within seven Months from this date and that he doth also register the said Grant in the Register's Office of this Province within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Read a Petition of Lachlan Mackintosh setting forth Petition of L. that he had obtained Warrants for laying out five hun- Mckintosh for new Precepts read dred Acres and One hundred Acres of Land both which Warrants were expired in their Term and the Land not surveyed Therefore praying that notwithstanding the lapse of Time the Surveyor general might be enabled and ordered to issue new Precepts on the said Warrants that the Land so ordered might be surveyed-

Granted.

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within Seven Months from this date and that he doth also register the

936

GOVERNOR AND COUNCIL

said Grant in the Register's Office of this Province within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Petition of James Grant for a new Pre- cept read

and

Read a Petition of James Grant setting forth that he had obtained a Warrant for Surveying one hundred Acres of Land in St Andrews Parish which Warrant was ex- pired in its Term and the Land not laid out Therefore praying that notwithstanding the lapse of Time the Sur- veyer general might be enabled and ordered to issue a new precept on the said Warrant that the Land might be sur- veyed-

Granted.

RESOLVED .That the Prayer of the said Petition is granted and that the Surveyor general do issue a new pre- cept accordingly-

ter Grant for a new Precept read

Read a Petition of Peter Grant setting forth that he Petition of Pe- had obtained a Warrant for surveying four hundred and fifty Acres of Land in St Andrew's Parish which War- rant was expired in it's Term and the Land not laid out Therefore praying that notwithstanding the lapse of Time the Surveyor general might be enabled and ordered and to issue a new Precept on the said Warrant that the Land might be surveyed-

Granted

RESOLVED That the Prayer of the said Petition is granted and that the Surveyor general do issue a new Precept accordingly-

vid Miller for Pre read

Read a Petition of David Miller setting forth that he Petition of Da- had obtained a Warrant for surveying One hundred and fifty Acres of Land in St Andrew's Parish which War- rant was expired in its Term and the Land not laid out Therefore praying that notwithstanding the lapse of Time the Surveyer general might be enabled and ordered to

937

NOVEMBER, 1769.

and

issue a new Precept on the said Warrant that the Land might be surveyed-

Granted.

RESOLVED That the Prayer of the said Petition is granted and that the Surveyor general do issue a new Pre- cept accordingly-

Petition of Donald Forbes for new Pre- cept read

and

Read a Petition of David Forbes setting forth that he had obtained a Warrant for Surveying two hundred and fifty Acres of Land in St Andrew's Parish which War- rant was expired in it's Term and the Land not laid out Therefore praying that notwithstanding the lapse of Time the Surveyer general might be enabled and ordered to issue a new Precept on the said Warrant that the Land might be surveyed-

Granted,

RESOLVED That the Prayer of the said Petition is granted and that the Surveyor general do issue a new Precept Accordingly-

Petition of Jno. Anderson for a new Precept read

and

Read a Petition of Jonathan Anderson setting forth that he had obtained a Warrant for surveying one hun- dred Acres of Land in St Andrew's Parish which War- rant was expired in its Term and the Land not laid out Therefore praying that notwithstanding the Lapse of Time the Surveyor general might be enabled and ordered to issue a new Precept on the said Warrant that the Land might be surveyed-

Granted.

RESOLVED That the Prayer of the said Petition is granted and that the Surveyor general do issue a new Precept accordingly-

Petition of Benj. Fox for Grant to pass read

Read a Petition of Benjamin Fox setting forth that he had had ordered him one hundred Acres of Land in Christ Church Parish which had been surveyed and a Plan thereof returned into the Surveyor general's Office but the Time was elapsed in which a Grant for the same

938

GOVERNOR AND COUNCIL

and

should have passed Therefore praying that notwithstand- ing the lapse of Time he might be permitted to take out his Majesty's Grant for the said Land and that the Surveyor general might be ordered to prepare and certify a Plan thereof for that purpose-

Granted.

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within two Months from this date and that he doth also register the said Grant in the Register's Office of this Province within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Petition of Mark Lott for Grant to pass read

and

Read a Petition of Mark Lot setting forth that he had ordered him one hundred Acres of Land in St George's Parish which had been surveyed and returned and a Fiat for the same passed by the Attorney general but the Time was elapsed in which a Grant should have been taken out Therefore praying that notwithstanding the lapse of Time he might be permitted to take out his Majesty's Grant for the said Land and that the Secretary might be ordered to prepare the same-

Granted.

Petition of Patr. Brady for Grant to pass read

Read a Petition of Patrick Brady setting forth that he had ordered him two hundred and fifty Acres of Land in St George's Parish which had been surveyed and returned and a Fiat for the same passed by the Attorney general but the Time was elapsed in which the Grant should have been taken out Therefore praying that notwithstanding

939

NOVEMBER, 1769.

and

the lapse of Time he might be permitted to take out his Majesty's Grant for the said Land and that the Secretary might be ordered to prepare the same-

Granted.

Petition of Wm. Maxwell for Grant to pass read

and

Read a Petition of William Maxwell setting forth that a Tract of three hundred Acres of Land in the Parish of St Philip was many Years ago allotted to one William McDonald of whom the same was purchased by Petitioner and was by the Surveyor general supposed to be included in a Grant to Petitioner but upon a resurvey it appeared the same was left out Therefore praying that the Truth of the premises appearing in (sic) his Majesty's Grant might pass to petitioner for the same-

Granted.

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within Seven Months from this date and that he doth also register the said Grant in the Register's Office of this Province within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Petition of John Tilley for Grant to pass read

Read a Petition of John Tilley setting forth that he had ordered him one hundred Acres of Land in St Matthew's Parish which had been surveyed and returned and a Fiat for the same passed by the Attorney general but the Time was elapsed in which the Grant should have been taken out Therefore praying that notwithstanding the lapse of time he might be permitted to take out his Majesty's Grant

940

GOVERNOR AND COUNCIL

and

for the said Land and that the Secretary might be or- dered to prepare the same-

Granted.

J. Tubly for read

Read a Petition of John Joachim Tubly setting forth Petition of Jno. that Conrade Houver deceased intestate had alotted him in his life time a fifty Acre Lott in the Village of Acton and died possessed thereof That Petitioner had lately agreed to purchase the same of Gotlieb Houver his eldest Son and Heir but on searching the Office it appeared that 10 Grant had yet passed for the same Therefore praying that the Truth of the premises appearing his Majesty's and Grant for the said Land might be ordered to pass in the Name of your Petitioner as the Purchaser thereof in Order to save an expence to the Seller who is a poor Man-

Postponed.

ORDERED That the further Consideration of the said Petition be postponed 'till Transfer produced-

Read a Petition of Le Roy Hammond setting forth Petition of Le- that since his coming into the Province he had been de- Roy Hamond (sic) for 1000 Acres (Purch.) read sirous to promote the Settlement thereof and to that End had been at great pains on several occasions in shewing and recommending Lands to Persons desirous to become Settlers That he could appeal to the Testimony of the Quakers now settled at Wrightsborough that it was thro' his Instigation and recommendation of the Lands that induced them to settle here. In consideration of the Prem- isses, praying that he might be permitted to take up One Thousand Acres of Land on purchase to be run out around

NOVEMBER, 1769. 941

and

and to adjoin two hundred and fifty Acres already granted him at a Place called Locust Hill so as to make the whole a square Tract .-

Postponed.

ORDERED That the said Petition be postponed for fur- ther Consideration-

Read a Petition of Joseph Ironmonger setting forth that he was settled in the Province had had One hundred Ironmonger for Acres of Land granted him and was desirous to obtain Petition of Jo. 400 Acres read an Additional Tract having a Wife and eight Children Therefore praying for four hundred Acres at a place called Oswalds Swamp about three Miles below Land and there ordered David Dicks-

Postponed.

ORDERED That the further Consideration of the said Petition be postponed till Petitioner attends or it other- wise appears how far the Land prayed for is from the Indian Line-

Read a Petition of James Oberry setting forth that he had been about four Years in the Province had had four Petition of Jas. Oberry for 150 hundred Acres of Land granted him and was desirous to Acres read obtain an additional Tract having a Wife and six Chil- dren Therefore praying for One hundred and fifty Acres in St Matthew's Parish at the Mouth of Rudy Creek on and little Ogechee-

ORDERED That the said Petition is rejected-

Rejected.

Grants of Land ordered ple at Wrights- borough post- poned.

His Excellency the Governor laid before the Board a Letter from John Maddox and Jonathan Salls requesting that Grants of Lands for the following People might be postponed Viz Cornelius Cohon, Walter Jackson, Wil- liam Mitchell, Edward Murphey, Peter Philips, John Murray and Hugh Hinin-

ORDERED Accordingly .-

942

GOVERNOR AND COUNCIL

Summons for

tend next land

Day.

ORDERED That a Summons do issue to the Parties concerned in the Caveats entered by Thomas Kelly against Robert Smallwood and Thomas Gray against Shem Butler to attend next Land Day-

His Excellency the Governor signed the following Grants-Vizt

Robert Baillee

400 Acres

Grants signed. John Forsyth 100 Acres & In St Andrew's Parish-

William Jones Es" 600 Acres

Benjamin Beavin 150 Acres

William Burgamy 500 Acres ( In St Paul's Parish-

Hugh Middleton 200 Acres

John Tinkler

250 AcresJ

William Belsher (pur) 700 Acres

In S' Matthew's Parish- John Morell

500 Acres

George Ducker 500 Acres)

John Wertsch 200 Acres ? In St Philip's Parish-

George Weekley 150 Acres

Richard Fox 600 Acresl

James Stewart

300 Acres )

In St David's Parish-

Patrick Harrigan 300 Acres

Hugh Ross 350 Acres

In St George's Parish ---

William McIntosh-400 Acres In St Mary's Parish-

William Shirley-250 Acres In St Paul's & St George's Parishes

943

NOVEMBER, 1769.

GEORGIA At a Council held in the Council Chamber at Savannah on Thursday the 9th November 1769

Present-

His Excellency James Wright Esquire-

The Honble

[ James Habersham | Noble Jones Francis Harris James Mackay Grey Elliott James Edwd Powell [ Lewis Johnson

Esq™ª

Petition of Edwd. Barnard for Grant to pass read

Read a Petition of Edward Barnard Esq' setting forth that he had ordered him six hundred and fifty Acres of Land in St Paul's Parish which had been surveyed and a Plan thereof returned into the Surveyor general's Office but the Time was elapsed in which a Grant for the same ought to have passed Therefore praying that notwith- standing the Lapse of Time he might be permitted to take out his Majesty's Grant for the said Land and that the Surveyor general might be ordered to prepare and certify a Plan thereof for that Purpose-

and

Granted.

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within two Months (sic) this date and that he doth also register the said Grant in the Register's Office of this Province within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Read a Petition of Edward Barnard Esq" setting forth Edwd. Barnard that he had ordered him Two Tracts of Land of five Petition of for Grants to pass read hundred Acres each on Satilla which had been surveyed

944

GOVERNOR AND COUNCIL

and

and returned and a Fiat for the same passed by the At- torney general but the Time was elapsed in which the Grant should have been taken out Therefore praying that notwithstanding the lapse of Time he might be per- mitted to take out his Majesty's Grant for the said Land and that the Secretary might be ordered to prepare the- same-

Granted

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within two Months from this date and that he doth also register the said Grant in the Register's Office of this Prov- ince within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Bugg & Candler Caveat heard.

On a Caveat entered by Edmund Bugg against (sic) Candler M' Barnard examined and Bugg's Petition re- ferred to-It appearing that Bugg was now living in Virginia and his Family was never in the Province nor had he ever had any Settlement therein the Land in question was ordered to Candler and the Caveat dis- charged --

Commissr. for Ogechee Ferry appointed.

James Maxwell appointed a Commissioner for the. Ferry over great Ogechee in the Room of Jonathan Coch- ran who is removed out of the Parish-

An Estimate of the Charges of Government for the . current Year settled-

945

NOVEMBER, 1769.

GEORGIA At a Council held in the Council Chamber at Savannah on Monday 27th November 1769

Present

His Excellency James Wright Esquire-

[ James Habersham | Noble Jones The Honble { James Edwd Powell } Esq™ª

[ Grey Elliott James Read J

Writ for electing a Member for the District of little Writ of Elec- Ogechee in the Parish of Christ Church in the Room of

tion for little Ogechee in Room of Hen. Bourquin -re- turned.

Henry Bourquin Esq' who being duely elected for that District has resigned (sic) to take his seat was this Day returned before his Excellency in Council as follows- Vizt-

24th. Novem- ber 1769.

William De Veaux Esq" District of little Ogechee in Room of Henry Bourquin Esq"

His Excellency laid before the Board an Address lately received from the Commons House of Assembly request- Excellency fm ing that his Excellency would be pleased to issue Writs Address to his touching issu- for electing four Members to sit in general Assembly for Coms. Ho. ing Writs of tion f four new Par- ishes laid be- the four new Parishes of St Thomas St Patrick St David fore the Board. and St Mary in this Province And then ordered to be read the 12th 13 and 17th of the Royal Instructions to him touching issuing Writs of Election for Members to serve in general Assembly And thereupon desired the opinion of the Board how far they thought him at liberty to com- ply with the Terms of the said Address The Gentlemen duely considering the Matter unanimously approved the Answer returned by his Excellency to the said Address and were of opinion that his Excellency was not Au- thorized to issue such Writs of Election as the Commons 60 cr-vol 10

946

GOVERNOR AND COUNCIL

House by their said Address required, And recommended to his Excellency to state the Matter to the Ministry as the Land which constitutes those Parishes were ceded to the Province since his Excellency received his Instruc- tions-

Read a Memorial of Anthony Stokes Esq" Chief Justice and Nobles Jones and James De Veaux Esqrs Memorial of chief Justice &c. to his Ex- celly. touching a cryer of the Court being wanted. two of the Assistant Justices of the General Court of Pleas of Oyer and Terminer and general Goal delivery of this Province addressed to his Excellency in Council setting forth that having observed his Excellency's con- stant and unvaried Attention to all Public Matters with- in his Government and his regard for the Welfare of this Province and the advancement of Justice therein The Memorialists begged leave to acquaint his Excellency that the Office of a Cryer of the said Courts had for some time past been Vacant through the Indisposition of M' Thomas Lee the late Cryer thereof And begged leave further to observe to his Excellency that the Sallary of Ten Pounds a Year annexed to the said Office was too inconsiderable to induce a Person of Character and quali- fied for such office to accept thereof and thought it their duty humbly to represent to his Excellency that it wou'd be proper to allow some Fees to the person who might be apointed by his Excellency to such Office to induce him to attend to the Duties thereof-That the Cryers of the Courts of Justice in England were allowed to take Salary and Fees certain Fees for their Trouble and Attendances in their Also touching Offices and that if some of the Fees taken by the Cryers in England were allowed to the Cryer of the said Courts in this Province it would induce a Proper Person to accept of such Office And also begged leave to observe to his Excellency that the Person who might be appointed Cryer should also be appointed Tipstaff to the Judges of the said Court of this Province for the Time being, and Keeper of the Court House, as the Same was liable

947

NOVEMBER, 1769.

to damages and the Records kept therein might be sub- ject to Accidents for want of some Person in Particular to look after the Court House and to shut the Doors and Windows and keep the Keys thereof and recommending M' John Dawney to his Excellency as a Proper Person for the said Offices .-

John Dawney appointed cryer and Tipstaff.

Which Memorial being Read his Excellency desired the opinion of the Gentlemen of the Council on the Sub- ject Matter thereof Who unanimously advised his Ex- cellency to appoint M' John Dawney the Person therein recommended to the several Offices of Cryer Tipstaff and Keeper of the Court House And to annex to the said Office of Cryer the following Table of Fees Vizt

Cryer's Fees established.

Fees established to be taken by the Cryer of the gen- eral Court and Court of Sessions Oyer and Terminer and general Goal Delivery for this Province

In the general Court-

Every Cause entered £o .. o .. 6 Challenge of the Jury Plantiff and Defendant o .. I .. 0 Every Witness sworn on a Voire dire O .. I .. O

Every Witness sworn to give Evidence O .. O .. 2

Swearing an Interpreter each side. O .. I .. O

Non-suit or Defendant's Verdict

O .. I .. O

Every Cause referred each side. o .. o .. 6 Withdrawn a Juror each side. o .. o .. 6

For every private Verdict. O .. I .. O

In the Court of Sessions &c-

Swearing every Witness for the Person indicted o .. 0 .. 2 Calling a Traverse. O .. 2 .. O

Fees estab- lished.

948

GOVERNOR AND COUNCIL

Every Not Guilty £o .. I .. O

Entring every Traverse. O .. o .. 6

Every Recognizance respited or discharged and every submission to a Fine each O .. I .. O

A special Pardon pleaded O .. IO .. O

A general Pardon pleaded O .. I .. O

GEORGIA At a Council held in the Council Chamber at Savannah on Tuesday the 5th December 1769-

Present

His Excellency James Wright Esq"

James Habersham Noble Jones Francis Harris

The Honble Jonathan Bryan Grey Elliott John Graham

Esqrs

James Read

Mckintosh for 250 Acres read

Read a Petition of George Mackintosh setting forth Petition of G. that he had lately ordered him two Hundred and fifty Acres of Land on Sapalo which afterwards proved not to be Vacant that he had obtained no other Land in Lieu thereof Therefore praying for in Lieu thereof two hun- dred and fifty Acres on the South side of Great Satilla and to adjoin Land there granted John Simpson which Peti- tioner had Purchased -

Granted.

DECEMBER, 1769. 919

six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Petition of Abig. Minis for 300 Acres read

and

Read a Petition of Abigail Minis Widow setting forth that she had had Land heretofore granted her but yet possessed of six Negroes for whom she had obtained no Land Therefore praying for three hundred Acres on a Branch of Crooked River to adjoin Land there before granted her And to be laid out in an oblong the Swamp being very narrow and it being intended purely for a reservoir of Water-

Granted.

RESOLVED That on Condition only that the Petitioner doth take out a Grant for the said Land within seven Months from this date and that he doth also register the said Grant in the Register's Office of this Province within six Months from the date thereof that his Majesty may not be defrauded of his Quit Rents the Prayer of the said Petition is granted-

Petition of Harriot Crooke Acr read

and

Read a Petition of Hariott Crooke Widow setting forth that she was possessed of eighteen Negroes for whom she had obtained no Land and was desirous to obtain Land for Cultivation Therefore praying for one thousand Acres on a Branch of Black Creek great Ogechee near and above Land there laid out for John Parkinson The Land prayed for to be run Oblong the Swamp being very narrow -

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Colonial Records of the State of Georgia, Volume X, Part 65

Author: Candler, Allen D Publication date: 1904 Publisher: Atlanta, Ga. : Franklin Printing ; Atlanta, Ga. : Chas. Byrd Number of Pages: 1054

Author: Candler, Allen D
Publication date: 1904
Publisher: Atlanta, Ga. : Franklin Printing ; Atlanta, Ga. : Chas. Byrd
Number of Pages: 1054