And thereupon s Mary by her attorney afs pray by reason of his Insolvency that the s Jno may be Comitted in Custody of the Marshall : untill he hath paid or Secured to be paid the Said Debt & Costs afsa and it was ordered accordingly. Jno Robison: & Sarah: his wife & Jno Nixon: Executor of the Last will & Testamt of Jno Harris Deed: Comes to pros their Suite agt Wm Wallston in a plea of Trespass upon the Case & Declares: That: the Deft Stands Justly Indebted to the plt qualified as afs in ye Sume or Quantity of one Tune of Barrills & five yds of Scotch Cloth &c and the Deft by Edwd Moseley his attorney Comes & Defends the force & Injury when &c: & prays oyer: of the Lett Testamentary: and to him it is read in haec Verba. whereupon the Deft prays Judgmt of the Declarcon afs because he Saith that there is Variance or misnomer between the Declar: & the Lett" Testamentry mentioned there in the Declar: mentioning that one Nickson is one of the Executo" & plt to the Declarcon whereas in Truth: the afs Lettrs Testamtry Doe not mention any such person & this he is ready to aver Wherefore he prays Judgmt of the Declarcon afsa &c: wch being Considered by the Court the s plea: is allowed Good & Sufficient to abate the accon and thereupon is ordered that the Suite be Dismist &c upon petition of Wm Jones Ordered that the Said Wm Jones be allowed the Sume of Sixteen Shillings & Eight pence for his Travill & attendance Two Courts being Sumoned as an Evidence: by: Jno Robison & Sarah his wife & Jno Mixon Executors of the Last will & Testament of Jno Harris Dec agt W Wallston als Excon Tho Handry marcht of Boston by Jno palin his attorney comes to prōs his Suite agt Rich Morton Late of the precinct of Coratuck Tailour Deft in a plea of Debt and Declares: That the Said Rich Stands Indebted to him the said Tho' & comp. in the full Sume of: one pound Seventeen Shillings & a peny in & by his Noate under his hand Dated the 16th Day of Jan'y anno: 1711: and the Deft was Called & Came not and thereupon the plt by his attorney afsd prayed an attachmt agt the Estate of y Deft wch is Granted And then the Court: Adjourned to the Court in Course : C. GALE Ch: Just: NORTH CAROLINA-SS Att a Gen" Court held for the province afs at the house of Cap' Jn° Hecklefields in Little River on Tuesday the 27th Day of Octo❜ Anno Dino 1713 Present the: Honable Maj' Christo: Gale: Esq' Chiefe Justice and his associates The Court being Called Wm Armure: bound over by Recognizance made his appearance: at the prayer of the Informant is Dismist without Day And then Court adjourned till ye morrow morneing Eight of Clocke Wedness att Eight of y° Clock y Court Meett & Satt p'sent uttsupra: And now here at this Court came Jno Blish by Tho Snoden his attorney & prayd that y Marsh" would bring forth: ye body of Geo Cooper according to order of ye last Court wherein haveing failed ye plt prayd that Judgm might be Confirm'd agt ye Said Marsh" Ordered yt ye Marsh" of Albermarle County pay unto Jn° Blish: march' the Sume of Three pounds one Shill & three pence with Cost alias Excon and yo Marsh" prayed Cont: of ye attachmt agt ye Estate of ye Deft weh was Granted And now here att this Court Came Jno Blish marcht by Tho Snoden his attorney and moved that the Marsh" would bring forth the body of Jno Powell according to order of ye Last Court wherein haveing failed The plt by his attorney afsd prayed that Judgmt might be Confirmed agt the Said Marshll Ordered that the Marsh" of Albermarle County pay unto Jno Blish: marcht The Sume of Two pounds with Costs: alias Excon And the Marsh" prayed Continuance of ye attachmt agt y Estate of y Deft which was Cont: accordingly And then the Court adjourned for an Hower According to adjournmt the Court meet and Satt Henry: Speller marcht by Tho Snoden his attorney: Comes to prōs his Suite agt Jno Relfe: in a plea of Debt and Saith the Deft Doth owe and Stand Justly Indebted to him ye pt in ye full Sume of Twelve pounds as by his Certaine bill under his proper hand may appear and the Deft in person appeares & Confesses. Ordered that Jno Relfe pay unto Henry Speller the Sume of Twelve pounds with Costs als Excon Jno Relfe by Edwd Bonwicke his attorney Comes to prōs his Suite agt Henry Speller marcht in a plea of ye Case & Saith: the Deft Stands Justly Indebted to him ye plt the Sume of Seven pounds fifteen Shill by accot here ready to make appear and ye said Deft Saith nothing in barr or Retardation of ye Said accon Wherefore ye said plt remaines agt ye Said Deft thereof undefended therefor it is Considered by the Court here yt ye sd plt recover agt the Said Deft the Said Sume of Seven pounds fifteen Shill with Costs als Excon Jno peny: marcht was Called to prōs his Suite agt Lieut Coll Theophelous Hastings but Came not whereupon y Deft by Danl Richardson his attorney prayed an non prōs Ordered that ye Suite be Dismist & ye plt pay Costs als Excon. Jere: Symons by Dan' Richardson attorney Comes to pros his Suite agt David Northy: Deft in a plea of y° Case and Saith the Deft Doth owe & Stand Justly Indebted to him ye pl in the Sume of Ten pounds and the Deft was Called but came not and ye plt thereupon prayed an order agt the Marsh" Ordered that y Marsh" of Albermarle County have ye body of the Said David Northy att the next Gen" Court als Judgmt agt the Marshall: And the Marsh" prayed an attachmt agt ye Estate of ye Deft which is Granted. Griffith Jones of ye precinct of pasquotank Comes to pros his attachmt agt Jno Creach: of yo Same place and the Deft was Called & Came not and the Marsh" haveing returned attacht of the Deft Estate one yeareling Colt and one blacke and Whitte Cowe marked on the Right Eare wth a Cropp and on the left wth and under Keell with a Calfe by her of ye Same Collour unmarked and the plt thereupon proved an accot by his oath: agt y° Deft ye ballance whereof was Two pound Seven Shill: and Ten pence Ordered that yo Goods attached be Condem'd to Satisfye ye afsd Debt And Costs to y° Said Griffith Jones and that ye Marshall have ye Same apprised according to act of assembly Jonathan Bateman personally Came into Court & accknowledged a Convayance of one Hundred & fifty one acres of Land Lyeing in Cuseopernon unto Jno Birkett Ordered to be Registered And now here at this Court Came Richard Stamp: and moved that ye Marsh" would bring forth y body of Archable Hartley according to order of y last Court wherein haveing failed y Plaintiff prayd that Judgment be confirmed against y° Said Marshall according to ye afsd order Ordered that yo Marshall of Albemarle County pay unto Rich Stamp ye Sume of Six pounds with Costs als Excon And the Marshall pray'd Continuance of y° attachment against y Estate of y* Defendant wch is Cont: accordingly. Will Lewis of ye County of Bath by Edwd Moseley his attorney Comes to prōs his Suite against Coll Wm Brice and Saith the Defendant Stands Justly Indebted to him ye Said Plaintiff in ye Sume of fourteen pounds &c and the Defendant was called but Came not & thereupon y Plaintiff prayd an ord' against yo Marshall Ordered that ye Marshall of Bath County have the Said Co" Wm Brice at ye next Gen Court alias Judgment against yo Marshall And now here at this Court Came Samuel Holland marcht by Tho Snoden his attorney and moved that ye Marshall would bring forth the body of WTM Luffman according to order of the Last Court wherein haveing failed the Plaintiff prayd that Judgment might be Confirm'd against the Said Marshall Ordered that the Marsh" of Albermarle County pay unto Sam' Holland the Sume of five pounds Eighteen: Shillings wth Costs alias Excon And y Marsh" prayd Continuance of ye Attacht agt ye Estate of the Deft weh is Cont: according Jacob Overman of yo precinct of pascotank weaver Comes to prōs his Suite agt Geo: Scarbrough in a plea of Debt and Saith y Deft is Justly Indebted to him the plt ye Sume of one pound Seventeen Shillings & Six pence as by his bill under his hand Doth & may appear and the Deft appeare in person and Confesses accordington Specialty Ordered that Geo: Scarbrough pay unto Jacob Overman the Sume of one pounds Seventeen Shill & Six pence wth Costs alias Excon and now here at this Court Came: Capt ffrad Jones by Edwd Moseley his attorney & moved that the Marsh" would bring forth y body of Eman' Cleave according to ord' of y° Last Court wherein having failed the plt by his s attorney pray'd that Judgmt might be Confirm'd agt the s'd Marsh" for the Debt & Damages afs Ordered that y° Marsh" of Bath County pay unto Capt ffrad Jones the Sume of ffifty Six pounds Twelve Shilling & five pence wth Costs als Excon A will of Gilbert Goodales was proved in Court by the oaths of M' Wm Stevens: & Margreat Slatter at ye Instance of Rich Whittbee Excuto' thereunto Capt Jno Robison: Comes by: Edwd Bonwicke his attorney to prōs his Suite agt Martin: ffrancke Deft in a plea of Debt and Saith: that yo Deft afs stand Justly Indebted to him yo plt in yo Sume of Twenty four pounds Thirteen Shill & four pence as by his: Certaine bill und his WillTM Wilkerson personally came in Court & acknowledged a Convayance of ffifty Two acres of land to Jn° Devenport Ordered to be Registered Ebenezer Whitte Comes to prōs his Suite agt Jn° Whittbey in a plea of Debt and Saith y Deft Stands Justly Indebted to him ye pl in y Sum of Tenn pounds Tenn Shillings in good Pitch or Tarr and the Def* in person appeares and Confesses: Ordered that Jn° Whittbey pay unto Ebezer Whitte ye Sume of Tenn pounds Tenn Shillings wth costs als Excon upon petition of Wm Booth as marrieing Hester the widdow: & relict of Adam Lewis Decd praying Administracon of the Goods & Chattles of the s Adam Lewis Ordered that the Said Wm & Hester have administracon of ye goods & Chattles: of ye sd Adam Lewis: Equally Granted to them both : Capt Wm Maule: being lawfull: Sums: as a petty: Jury: man & Called Came not: wherefore: it is ordered: by the Court here that the gd Wm Maule be fined the Sume of Twenty Shillings according to Rule of this Court Jn Jones Carpenter: being lawfully Sumons as a petty Juryman & Called Came not wherefore it is ordered by the Court that the s Jn° Jones be fined the Sume of Twenty Shillings according to Rule of this Court: The paniell of Jurors: Sworne to try the Issues between Jn° Newman plt and obadiah Rich: Deft being Eroniously Impanielled is Discharged from their verditte and they are hereby Discharged Jn° Newman: March by Edwd Moseley his attor: Comes to pros his Suite ag obadiah Rich: Deft in a plea of the Case and Declares that the sd Obadiah Stand Justly Indebted him ye Said Jn° in the full Sume of Six pounds Two: Shillings & Eight pence: for & in Consideration of Sundry wares: Goods & marchantizes: Sold & Delivered to him the said obadiah and the Said Deft by Tho Snoden his attorney Comes & Defends & force & Injury when &c: and for plea Saith Nill Debitt perpatrum and for Tryall puts himselfe upon the Country & ye plt in like manner and thereupon it was Comanded the Marsh" that he Cause to Come Twelve &e: whome &e: by whome &c: who neither &c and there Came (to Witt) Mr Tho' Swann : Mr Griffith Jones Mr Wm Norris Capt Jn° Bird: Mr Rob Lowre Mr David Baley M' Eben: Whitte MTM WTMTM Whitte Mr Wm Parker Mr Tho Parris Mr Jn° fforree and Mr Zach: Keaton who being Sworne Say we of the Jury find for the Deft Ordered that the Suite be Dismist & the pt pay Costs als Excon m |