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Minutes
of the Court of Pleas and Quarter Session, 1767-79, Bute County, North
Carolina
—Nichols extracted
Bute County,
North Carolina Minutes of the Court of Pleas and Quarter Session, 1767-79.
Holcomb, Brent. Columbia, SC: SCMAR, 1994.
Wednesday
after the last Tuesday in October 1767
James Moore appeared in Court took the Oaths of Government subscribed the
Test & took the oath of a sheriff as a Deputy Sheriff under Julius Nichols
she'r.
Thursday after the last Tuesday in October 1767
A Deed of Bargain & Sale from Julius Nichols she'r to West Harris
for 547 acres dated the 28th July 1767. Acknowledged. M. O. R.
Julius Nichols
Esq'r produced a Commission from under the hand & seal of His Excellency
the Governour dated the 19th day of May 1767 appointing him Sheriff for
the County of Bute the ensuing Year; took the Oaths of Government subscribed
the Test & took the Oath of a sheriff and enter'd into Bond with Benjamin
Person, Thomas Bell, John Hawkins & William Moore securities approved
of by the county.
On Notice in
Writing being given that Julius Nichols & others intend to make use
of some place on the Land of William Moore for the publick Worship of
God according to the practice of Protestants of the presbeterian Denomination;
agreeable to the request of the subscribers thereto, Order'd that the
said Notice &c be filed &c.6
Friday after the last Tuesday in October 1767
Wm Moore & Jas. Moore appeared took the Oaths of Government subscribed
the Test & took the Oath of Deputy Sheriff under Julius Nichols She'r.
Saturday after the last Tuesday in October 1767
Order'd that according to a petition refer'd from April Court for a Road
to leave the road called Eatons road between Jumping Gut & Hub quarter
Bridge directing its course up stone House & to intercept the main
country road leading to Halifax, that the following Jury /to wit/ Benj'n
Person, Joseph Shearing, Daniel Sledge, Joseph Bell, Moses Myrick, James
Nichols, Nat Nichols, Thos. House, West Harris, Charles Harris, David
McGee, Jo Shearing, Jonathan Ray, Thos. Bull Ju'r, Jesse Bell, Thos. Harthorn,
Jo Reggins, or any twelve of them lay off the said road the best and most
convenient way and make return to next Court, and that the following hands
/to wit/ Joseph Shearing, John Myrick, Daniel Sledge, Joseph Bell, James
Jones, Myrick, John Meadows, Moses Myrick, Samuel Thompson, John Crowson
& James Myrick open and maintain the said Road under Joseph Shearing
Overse'r.
Friday after the second Tuesday in February 1768
Julius Nichols she'r produced in open Court an Acc't of Sale of the Estate
of Samuel Croxton dec'd amounting to £278.2.5. proc. Order'd that
the s'd she'r be allowed at the rate of 2 1/2 pr Ct. for selling the said
Estate.
Saturday after the second Tuesday in February 1768
4. William Eaves vs Thomas Bell. Same Jury impanel'd & sworne all
but John Nichols, David Walker & Waddington Abbot in the rome of Jos:
Furr, Wm. Edwards & Kader Best find for Def't.
Orderd that
Urbane Nichols be appointed Constable in Sandy Creek District.
11 May 1768
A lease for a term from John Dawson & Penelope his wife to Julius
Nichols proved by the Oath of Nath'l Peebles one of the Wit's. Recorded.
12 May 1768
On motion ordered, the Petition of Sundry Inhabitants of this County for
a road Strikeing out of the road that runs from Philemon Hawkins to the
Court house at M'r Ransom's path, the most convenient Way into the road
that leads from the Court house to William Park's 27 store be granted
and that the following persons, to wit, James Ransom Esq'r, Nathaniel
Henderson Esq'r, William Park, Peter Green, John Bell, Benjamin Kimbell,
Joseph Hackney, Peter Kimbell, James Moore, Philemon Hawkins Esq'r, Ellis
Marquis, Isaac House, Charles Allen, Young McLemore, John Nichols, Richard
Moore, John Marshall, Abraham Mayfield be appointed as Jurors to view
& lay off the said road; John Hawkins Jun'r appointed Overseer of
the same, and Ordered that the same be opened & Cleared, by the hands
of John Hawkins, Adkin McLemore and James Ransom at his home house.
Thursday after the second Tuesday in November 1768
Ordered that Julius Nichols late Sherif be allowed Six pounds Eighteen
Shillings Proc. for Sundry Certificates for Vermine Scalps by him produced
& purchased by him of John Brown & Others the same being destroy'd
within the time Limitted by Act of Assembly.
Friday after the second Tuesday in November 1768
Ordered that the hands of Julius Nichols work on the road whereof Thomas
Christmas is Overseer, and that the said Overseer Immediately repair the
bridge over Fishing Creek as also the Road in his said district.
Ordered that
Julius Nichols late Sherif be allowed ten shillings for a wolf Scalp destroyed
in this County as P Certificate taken in by him.
Ordered that
Julius Nichols late Sherif be allowed five pounds proc. as P Acco't for
tarring the Court House &c.
Ordered that
Julius Nichols late Sherif be allowed five shillings and four pence for
two Wild catts destroyed in this County and taken in by him.
Pres't at the
Settlem't of the Acco't of Julius Nichols late Sherif the following Justices,
William Johnson, Phill'n Hawkins, Wm Tabb, Jethro Sumner, Matthew Thomas
& Thomas Turner & Nath'l Henderson.
This day Julius
Nichols late Sheriff Exhibited an Account to the Court of his Collection
upon Oath for the Years 1764, 1765, 1766, & 1767 Also that he gave
the Court to understand that he had received some Levies not Listed which
he at this time could not recollect the quantity, but that hereafter he
would account for, and Ordered the said Account be Recorded.
Julius Nichols
also Exhibited an Acco't of the three shillings tax by him received by
virtue of the Act of Assembly for Erecting the Public Buildings in Bute
County to which he made oath and the same Ordered to be recorded.
Ordered that
the Collector pay to Julius Nichols late Sherif the sum of Sixty one pounds
seventeen shill's & ten pence being the ballance due him on Settlement
w'th the Court.
Licence is
granted to William Powell to keep an Ordinary at his house who with Julius
Nichols & William Moore Entered into & Executed a bond for the
purpose.
By virtue of
a Commission of the Peace and a dedimus relating thereto from under the
hands of his Excellency the Governor bearing date the twenty ninth day
of November one thousand seven hundred and sixty Nine Directed to Osborn
Jeffreys, William Johnson, Philemon Hawkins, Julius Nichols, James Ransom,
William Tabb, Jethro Sumner, Benjamin Person, Henry Hill, Nathaniel Henderson,
Thomas Eaton, Thomas Bell, William Person Jun'r, James Alford, Mathew
Thomas, John Hawkins & Thomas Turner, James Murray and Benjamin Ward
Esq'rs the said Jethro Sumner, Thomas Turner & Benjamin Ward took
the oaths appointed by Act of Parliament to be taken repeated and Subscribed
the Test as also took the oath of a Justice of this County and took their
Seats Accordingly and then the said Jethro Sumner, Thomas Turner &
Benjamin Ward administred the said Oaths to William Johnson, Philemon
Hawkins & William Tabb Esq'rs who also repeated and Subscribed the
Test and took their Seats accordingly. Present the above Sworn Justices.
Friday after the second Tuesday in February 1769
Ordered that the Collector pay Julius Nichols late Sheriff Eleven pounds
Eight shillings Proc. for service & Expences in retaking two Negros
that were condemn'd to dye and which broke the Goal.
15 November 1769
Paul Patrick foreman, Christopher Foster, Joseph McGee, John Nichols,
William Hudson, Giles Bowers, John Pinnell, George Kirk, William Powell,
William Bobbett, Peter Davis, Daniel Barrow, George Brogden, Francis Capps,
Daniel Sledge & Francis Myrick.
The above Jurors
were sworn, Received their Charge & from the Barr withdrew &C.
15 November 1769
On the Petition of Sundry Inhabitants for a road referr'd last Court to
be Cleared turning out of Shocco road at or near Tabb Clantons path running
the best and Convenient's way to Nathaniel Peebles mill, from thence a
direct course crossing Tarr river at or near Claptons ford, from thence
the most Convenient way into the road at or near John Popes path, Ordered
that Matthew Duty, William Duty, Roger Thronton, Urbane Nichols, Richard
Clapton, Joseph Edwards, Benjamin Fuller, Lewelling Jones, Nathaniel Henderson,
James Lockheart, Thomas Tharrington, John Stone, William Hancok, Thos
Wooton, James Murray, Edmond Jones, Christopher Roberson and William Bagley
view and lay off the same, and ordered that Nathaniel Peebles be Overseer
of the same, And that the petitioners assist him in opening and Clearing
the same.
14 February 1770
A Deed of Bargain & Sale from Joseph Montford Esq'r to Julius Nichols
was proved by the oath of Thomas Christmas a witness thereto and On motion
the same is ordered to be Registered.
16 February 1770
Julius Nichols Esq'r took the oaths appointed for public officers
to be taken also the oath of a Justice of the peace, repeated & subscribed
the Test &c.
William Tabb, John Hawkins & Julius Nichols Esq'rs are appointed to
attend at the next Superior Court at Halifax for the District of Halifax
on the Eighth day thereof to serve as Petit jurors.
8 May 1770
Nathaniel Nichols is appointed overseer of the road in the room of Edward
Holliman, and ordered that the hands that workt under the said Holliman
assist the said Nichols in keeping the said road in repair.
10 May 1770
Present William Johnson, Henry Hill, Thomas Turner, Nathaniel Henderson,
James Alford, Benj'a Ward, James Ransom, Thomas Bell, John Hawkins, Robert
Goodloe & Julius Nichols, Esq'rs.
John Nichols
a Witness for Richard Pardue against Len Henly Bullock made oath to his
account for attendance amounting to £1.7.4 proc.
10 May 1770
Justices Present at the recommending of Sheriffs to wit William Johnson,
Philemon Hawkins, Julius Nichols, James Ransom, William Tabb, Jethro Sumner,
Benjamin Person, Henry Hill, Nathaniel Henderson, Thomas Bell, William
Person Jun'r, James Alford, John Hawkins, Thomas Turner, Benjamin Ward,
William Park & Robert Goodloe Esq'r.
16 August 1770
William Moseley ag't Francis Mabry. Petit Jurors to Wit.
Abraham Smith,
James Harrison, Peter Kimball, John Edwards, James Perry, Nathaniel Perry,
Daniel Sledge, Sam'l Thompson, James Wooton, Nath'l Nichols, Edmond Adcock,
Joseph Pardue.
The above Jurors
sworn & Verdict for £10 proc. & Costs, writ of Error prayed
Granted & Bond given &C.
16 August 1770
Friday Morning the Court met according to adjournment. Present William
Johnson, Julius Nichols, William Tabb, Nath'l Henderson, Benjamin Ward,
Esq'rs.
Henry Nichols
on his prayer, is recommended to the General Assembly as a proper Object
to be relieved from paying Public Levys.
15 November 1770
Thursday Morning the Court met according to adjournment. Present William
Johnson, Philemon Hawkins, William Tabb, Julius Nichols & Thomas Bell,
Esq'rs.
A petition
preferred before to this Court by William Black for a Mill on Possum Quarter
Creek below the fork praying to have one Acre of the Land of Benjamin
McCulloch surveyed & Valued according to Law, Ordered that Julius
Nichols, Thomas Green, Charles Allen & Thomas Christmass in Company
with the County surveyor lay off View & Value one Acre of Land on
both sides the s'd Creek opposite to where the Pet'r intends to Erect
the said Mill & report to next Court.
15 February 1771
Thursday Morning the Court met according to adjournment. Present William
Johnson, Julius Nichols, Thomas Bell, Esq'rs.
The King vs
William Elliott. Petit Jurors to wit.
Samuel Eli,
James Myrick, William Whatley, Moses Myrick, Shurley Whatley, Michael
Collins, John Nichols, Jenkins Deviny, Thomas Cooke, Samuel Walker, William
Shearin and Daniel Sledge.
The above Jurors
sworn and find a verdict for the Def't.
Julius Nichols
& Philemon Hawkins & Wm Tabb Esq'rs app'd Grand jurors to attend
at Halifax for the District of Halifax on the 8th day of April next.
14 November 1771
Julius Nichols & Elizabeth his wife (She being first privately Examined
& thereto Consenting) acknowledged a Deed to Robert Hicks and on Motion
the same is ordered to be Register'd.
15 November 1771
Ordered that the following Freeholders to wit Philemon Hawkins, Nathaniel
Henderson, Young McLamore, Adkin McLamore, John Hawkins Jun'r, Nathaniel
Peebles, John Nichols, Thomas Goodwin, John Marshall, Joseph Hackney,
Roger Thornton, Kedar Best, William Duty, Mathew Duty, Urbin Nicholson,
Thomas York & Christopher Roberson, view the most Convenient way for
a road to turn out of the old Court hosue road near Philemon Hawkins running
by Young McLamores and into the road that goes by Kedar Best near Weavers
Creek and that Young McLamore be Overseer of that same, and Ordered that
he open the said road with the Hands of Philemon Hawkins, Young McLamore,
Robert Williams, Askenas Williams and John Nicholson.
14 February 1772
The Petition of Sundry Inhabitants for turning the road from the Burnt
Ordinary to Col'o Thomas Eatons Ferry, the follow way to wit, that the
road may Cross the Low Grounds at a place called the Reedy Swamp and from
thence up the Ridge between Stone house and Hubb Quarter, untill it Intersects
the road leading to Halifax town, the best and nearest way that may be,
And Ordered that James Nichols, William Derham, Henry Foote, James Jones,
William Basser, Thomas Bell, Daniel Sledge, Moses Myrick, John Shearin,
Robert Harris, Joseph Bell, Jordan Harris & Dan'l Pegram view the
most convenient way to open the same, and it is also Ordered the hands
of Daniel Sledge, Joseph Shearin, John Meadows, James Jones, William Vasser,
Thomas Read, William Derham, Mark Thornton & John Derham open and
clear the same.
On the Motion
of Philemon Hawkins against Osborn Jeffreys Esq'r late Sheriff for Permitting
John Jefferys a prisoner on a cap's adsatisficiendem at the suit of said
Philemon Hawkins, to Escape whilst he acted as Sheriff the Court are of
Oppinion that the said Osborn Sheriff should pay unto the said Philemon
Hawkins his Debt and Costs wherewith the said John Jeffreys stood Chargeable
on the capias on which the said Osborn Jeffreys allowed him to Escape,
the Def't by his Att'o moved to have it Entered that the Cap's adsatisficendum
on which the Escape was made was not produced into Court at the trial
which was Granted him, it being the Case From which Judgment the said
Def't prayed an appeal to the next Superior Court at Halifax for the District
of Halifax on the 8th day of April next who with Thomas Bridges &
Julius Nichols Ex'd a bond for prosecuting the same &c.
15 February 1772
Kedar Best is Appointed Constable in the room of Urry Nichols.
13 May 1772
On the Petition of Nath'l Nichols & Francis Riggin overseers of roads,
Ordered that they turn the road from the head of the Beach branch into
Persons's road the most Convenient Way, and that Francis Riggin continued
Overseer of the same to Persons road.
14 May 1772
Ordered that Collector pay Julius Nichols Esq'r the sum of three pounds
Nine shillings & four penec proc for services perform'd by him while
Sheriff for the use of the County.
16 August 1772
William Johnson, Thomas Bell, William Person, Tho's Miller, Julius Nichols
& Robert Caller or the Majority of them between this & the next
Court meet and make a partition of the Personal Estate of Benjamin Person
Esq'r dece'd, between the widow & the Children & make report to
next court.
12 February 1773
Nathaniel Peebles, Philemon Hawkins & Julius Nichols Esq'rs are appointed
to attend at Halifax for the district of Halifax on the 8th day of April
next as Grand jurors.
May Court 1774
George Nichols produced into Court the will of William Nichols dece'd
and the same was proved by the oath of Priscilia Haynes one of the witnesses
thereto and the same was admitted to Record and Letters Testamentary was
Granted to the said George Nichols one of the Ex'rs therein named who
was Qualified accordingly.
10 August 1774
Nathaniel Nichols made Oath to his Acco't for attendance as a witness
for Thomas House against David Patterson amounting to £1.13.8.
9 November 1774
Ordered that Young McLamore, James Milles, Julius Nichols and William
Johnson divide the negros belonging to the Estate of Sugar Jones dece'd
between the orphans of and make report to the next court.
16 November 1775
Ordered that the taxables belonging to Julius Nichols be added to the
list taken by Philemon Hawkins Esq'r.
13 August 1777
A Deed from Robert Ward to Julius Nichols Esq'r was proved by the oath
of James Denton a witness thereto, and on Motion the same is Ordered to
be Registered.
15 August 1777
Ordered that Daniel Vaulx constable summon all the Inhabitants that Muster
under Cap't James Denton Including all the Inhabit'ts within the Districts
(to wit) Divided by Fishing Creek from Callers road to the Nutbush road
at Marshalls, thence by the said road to the County Line, to give in upon
Oath an Inventory of all their assesable Property to Philemon Hawkins
Esq'r according to Law, and it is also Ordered that Jonathan Davis, Agrippa
Nichols & William Wortham be and they are hereby appointed to assess
all the property of the Inhabitants on the North side of the said bounds
and that Benjamin Hawkins, James Denton & Charles Wortham be and they
are hereby appointed to assess all the property of the Inhabitants on
the South Side of the said boundary agreeable to Law, And it is further
ordered that James Denton be and is hereby appointed Collector of the
assesment in the said Districts and that he Enter into bond with Sufficient
Security before he Enter into the Execution of his said Office.
15 August 1777
George Nichols ack'd a Deed to Amasa Palmer M.O.R. & Feme Ex'd by
Col Person ret &c.
13 November 1777
Jonathan Davis, Agrippa Nichols and William Wortham assessors appointed
by the Court, returned into Court an account of their said assessment
amounting to twenty six thousand & Eleven pounds one Shilling &
four pence proc, and Young McLamore Esq'r appointed by the Court as Collector
for the above District, Entered into and Executed a bond with Benjamin
Hawkins his Security for his faithfull performance.
10 February 1778
Julius Nichols acknowledged a Deed to George Nichols at whose Motion the
same was ordered to be registered.
15 August 1778
William Wortham, Agrippa Nichols and Jonathan Davis assessors in Cap't
James Denton's District returned their List of assessment amounting to
£140317.12.11 1/2.
13 November 1778
Julius Nichols Jun'r is appointed Constable in the room of Daniel Vaulx,
and ordered that he be sworn before some Justice in this County before
he enter into the Execution of his said office.
Ordered that
the new road leading from Col'o Hawkins towards Nathaniel Peebles mill
be again revived and that William Clemments be overseer of the same and
ordered that he keep the same in repair with the hands of Col'o Hawkins
at home, also the hands belonging to Benjamin Kimbell, John Nichols, and
William Clemments own hands.
11 February 1779
Ordered that John Hooff, Daniel Vaulx & Agrippa Nichols be patrolers
in Hawkins District.
13 May 1779
John Nichols is appinted Overseer of the road in the room of William Clemments
and ordered that he Clear and keep the same in repair with the usual hands
(except Benjamin Kimbals hands).
Jonathan Davis
is appointed Overseer of the road from Col'o Hawkins to William Dukes
mill and ordered that he clear and keep the same in repair with the hands
of Julius Nichols, William Merritt, John Jenkins, John Wortham & Jeremiah
Jenkins.
14 May 1779
Ordered that James Nichols be overseer of the road in the room of George
Pegram, and it is also ordered that he keep the same in repair with the
hands usually working thereon.
11 August 1779
Julius Nichols, William Duke, John Faulcon and John Norwood persons appointed
to Divide the Countys returned into Court their proceedings and the same
is Ordered to be Recorded & Ordered that they be allowed for the same
&c.
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