Chronicles of the Scotch-Irish Settlement in Virginia

Volume I

AUGUSTA COUNTY COURT RECORDS.

ORDER BOOK No. XIX.

MARCH 15, 1785.

  (1) Alexander McClenachan appointed Clerk of the Court, vice Richard Madison, deceased, and James Lyle, Jr., qualified Deputy.

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MARCH 16, 1785.

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  (2) William Bowyer insisted that the appointment of Clerk was illegal, but the Court refused to reverse it.
  (3) John Fairies exempted from levies.
  (4) County levy: To John Awfull, for one old wolf.
  (6) Mary Hacket, late Mary Campbell, admx. of George Campbell, decd., to be summoned to give counter secunty.
  (7) Agatha Madison, mother and next friend of Richard Madison, decd., to be summoned to appear here to contest the said decedent's non-cupative will if she see cause.
  (8) Adam Blakemore appointed road surveyor of new road from Back Creek to Jackson's River.
  (8) James Hill exempted from working on the highway.
  (8) Children of widow Dabage to be bound.
  (9) John Poage refuses to act as Justice on account of age, &c.
  (9) David Henderson refuses to act as Justice on account of want of books. John McCreery, Samuel Vance, John Kinkade and George Poage refuse to act as Justices on account of distance from Court House.
  (10) William Bowyer ordered to deliver to the present Clerk all the records of this County and all things belonging to the said office which he took into his possession on the death of the late Clerk.

MARCH 17, 1785.

  (10) Nicholas Simmons to be exempted from payment of County levy and poll tax.
  (11) Valentine White qualifies Deputy Sheriff under William Bowyer, Sheriff.
  (11) County levy: To Henry Casebolt, one wolf.
  (11) William Bowyer qualified Sheriff.
  (12) Tithables ordered to be taken.

APRIL 15, 1785.

  (13) Called Court on James Parks for horse stealing.--Not guilty, but is of bad fame and bound to good behavior.

APRIL 19, 1785.

  (14) On motion of Ellenor Askins, Robert Thompson ordered to be summoned to show cause why he detains her child in his service.
  (15) Cornelius Alexander naturalized.
  (15) Nathan Reaglen's will partly proved.
  (16) Henry King allowed for 7,230 lbs. flour furnished for public use.
  (16) Report of Inspectors of Clerk's office.
  (16) Proceedings of Court not recorded from 21 March, 1774.
  (16) Deeds since 21 January, 1783, to present are not recorded.
  (16) Will, inuentories, bonds, powers of attorney since 16th March, 1784, are not recorded.

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  (16) Vouchers of taxable property returned are in great disorder. Papers in suits ended are not filed alphabetically. Dated 15 April, 1785.
  (17) Jacob Lawrence is allowed 12 days' service as a wagon master at 7/6 per day. Thomas Forster is allowed for 66 days' service as a purchasing commissary at 4/ per day and 40/ for a house rented for a public store.
  (17) Sampson Mathews is allowed for 14 months' rent of a house rented in February, 1784, for storing the hemp received in payment of public taxes. Samuel Anderson (the lesser) appointed road surveyor from Miller's Iron Works to Middle River, and Enos Jones from thence to Staunton.
  (17) James Pinkerton, by David Pinkerton, his father and next friend.

MAY 17, 1785.

  (18) New Commission, viz: Thomas Adams, William Bowyer, Thomas Hughart,* Alexr. St. Clair, Charles Cameron, William McPheeters,* Joseph Bell, Samuel Vance, John Givens, David Stephenson, Richard Mathews, Robert Porterfield, Jacob Warrick, George Moffet, Alexr. Robertson, Elijah McClenachan,* Thomas Hughes,* George Poage, James Steel, John Wilson, Samuel Lewis, John Taite,* Robert Gamble, James Crawford, Jr., James Davis, Alexr. Crawford, John McKemey. (Those marked (*) qualified.)
  (19) Samuel McConkey qualified Deputy Sheriff.
  (21) Robert Thompson (see page 14, supra) proves that the daughter of Ellenor Askins was bound to him by her father.
  (21) Sarah Hatfield, daughter of Hannah Hatfield, to be bound to John Harper.
  (23) Will of William McClintock partly proved.
  (23) James Davis and John McKeemy qualified Justices.
  (24) Alexander Reid appointed guardian of John Walker, orphan of Alexr. Walker.
  (24) Hugh Donaho is appointed guardian of Barbara Walker, orphan daughter of Alexander Walker.
  (25) Philip Bowman naturalized.

MAY 18, 1785.

  (27) Robert Gaines returned no inhabitant.
  (36) Thomas Hewett's death abates suit.
  (38) John Allison, Jr., returned no inhabitant.
  (46) Mary Moody, daughter of Elizabeth Moody, to be bound to William Blair.
  (47) Doctor Valentine Hamm produced an account against the United States, date July, 1778, scale specie 2, 3, 7; also an account of 32, scale October, 1780, versus State of Virginia, specie, 9/.
  (49) George Moffett, Joseph Bell, Alexr. St. Clair and Richard Mathews qualified Justices.
  (49) Ally Peery, aged 2 years last March, daughter of Jane Peery, to be bound.

MAY 19, 1785.

  (54) Joseph Niscor, security for James Neill.

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  (56) Charles Donally and George Clendenning returned no inhabitants.
  (59) Archibald Strange, Peter Hindricks, John Henderson, Abraham Kelly, John Campbell, Sr., Daniel Harvie, John McKenny--returned no inhabitants.
  (62) Margaret Gay's death abates suit.
  (69) John Lewis vs. William Wiatt.--Ordered removed to General Court.
  (79) Capt. John Oliver's claim of 4, 10/, for beef furnished the Militia on duty, is allowed.
  (81) Robert Gamble and Robert Porterfield qualified Justices.

MAY 20, 1785.

  (83) Azariah Randolph, returned no inhabitant.
  (83) William Smith's death abates suit.
  (95) Henry Leese's death abates suit.
  (97) James Hays, returned no inhabitant.
  (102) Valentine Cloninger's death abates suit.
  (108) James Old, witness--40 miles. Dudley Jones, witness--40 miles. James Ignew, witness.

MAY 21, 1785.

  (117) James Blair and William Hinds, returned no inhabitants.
  (121) Admn. c. t. a. of Richard Madison granted Wm. Bowyer, on motion of Priscilla, the relict.
  (121) Peter Hane is allowed 45/ per month for 8 1/2 months' service as scalesman at Staunton.
  (126) Sarah Hutcheson's death abates suit.
  (126) Petition versus Charles Tease.--Dismissed, "the defendant being removed," &c.
  (131) On motion of William Henderson, ordered that James Henderson, Esq, of Greenbrier, be summoned to administer on estate of Susannah Henderson, deceased, if he sees fit.
  (131) Administration of estate of "Sarah Scott" granted Robert Scott in October last should be "Sarah Hutcheson"-- - Vid O. B. XVIII., page 313.

JUNE 21, 1785.

  (132) Moses Moore allowed for one beef furnished for public use.
  (132) John Wilson qualified Justice.
  (136) John Nimick--special bail.
  (136) William Bowyer qualified County Lieutenant.
  (136) Alexander Robertson qualified Lieutenant Colonel.
  (136) John Givens and John Wilson qualified Majors.
  (137) Deed from John Kinkade and Sarah, and Agnes Dean, wife of John Dean, to Brownlee--recorded.
  (137) Admn. of estate of Jacob Grass granted Elizabeth Grass.
  (137) On motion of Peter Weaver, ordered that Christiana Weaver be summoned to produce the last will of George Weaver, deceased.

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  (138) On petition of Honor Cook, ordered that John Gregory be summoned to answer complaint of said Ellinor touching his treatment of her son Walter, bound apprentice to John.

JULY 19, 1785.

  (138) Samuel McCune and Bozwell Hackett, returned no inhabitants.
  (139) William Gay, John Parker, William Wood, William Long, returned no inhabitants. James Rankin, returned no inhabitant. Wm. Thompson, returned no inhabitant.
  (141) David Stephenson qualified Justice.
  (142) David Laird presented claims for wagons and horses impressed and arresting a deserter, which are allowed. Henry King allowed claims, viz: For services as forage master, 360 days; for beef, flour and bacon furnished.
  (143) William Craig, for horse hire and articles furnished, which are allowed.

AUGUST 16, 1785.

  (144) On motion of John Dinwoody, ordered that a scire facias issue against Peter Cumings and _____, his wife, late _____ Busheers, admx. of William Busheers, deceased, to revive a judgment versus Wm. Busheers.
  (148) Henry Hatwell, aged 10 years and 6 months, orphan of Mansfield Hatwell, deceased, to be bound out.

AUGUST 17, 1785.

  (152) Charles Cameron qualifies Justice.
  (159) Robert Hall vs. Richard Buchanan.--All the attorneys being retained by defendant, the Court assigns George Nicholas for plaintiff.
  (160) Rev. Archibold Scott, Presbyterian, authorized to solemnize matrimony.
  (160) Alexr. McClenachan and James Brookes appointed guardians of Edward and Diana McDonagh, orphans of John McDonagh, deceased.

AUGUST 19, 1785.

  (193) David Hanna, returned no inhabitant.
  (194) Jacob Still, returned no inhabitant.

AUGUST 20, 1785.

  (231) Thomas Kinkade, returned no inhabitant.
  (233) On motion of Zachary F. Estill, who intermarried with Rebecca Estill, admx. of John Estill, deceased, accounts to be audited.
  (237) Joseph Irving vs. Philip North.--Deft. being infant, can only appear by his guardian ad litem.
  (243) Called Court on James Stephens, charged with larceny.--Guilty and sent to General Court.

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  (246) John McKinney, who has received a pension in consideration of wounds and injuries received in the public service, by losing one arm and being otherwise disabled, is not able to procure sustenance by labor, and is allowed 5 per annum additional.
  (249) James Hamilton, having been heretofore allowed a pension of 12 per annum for wounds in the public service, his pension continued.
  (250) Catharine Reid, aged 3 years 22d July last, daughter of Barbara Reid, to be bound.
  (250) Lots in town of Staunton purchased by James Hughes to be conveyed to his co-heiresses.

SEPTEMBER 21, 1785.

  (252) Ten acres to be laid off for prison bounds.

OCTOBER 1, 1785.

  (253) Called Court on Peter Flack, charged with horse stealing from William Jordan, Sr.--Guilty and sent to General Court.
  (254) Reuben Moore, Quaker, of Shanando, to be summoned a witness in above cause.

OCTOBER 18, 1785.

  (255) Alexr. Robertson qualified Justice.
  (256) Charles Donally qualified admr. of Andrew Donally.
  (257) Ordinary rates fixed.
  (256) Alexr. Martin allowed a pension of 18, being incapacitated from labor by wounds and injuries received in the public service.

NOVEMBER 4, 1785.

  (258) Called Court on Thomas Griffin, charged with being accessory to William McCafferty in larceny of a negro slave.--Discharged.

NOVEMBERR 15, 1785.

  (259) County levy.
  (260) Thomas Frame qualified overseer of poor.
  (261) Rev. William Wilson, Presbyterian, qualified to perform marriage ceremony.
  (263) James Steele qualified Justice.

NOVEMBER 16, 1785.

  (265) County levy: 2,090 tithables at 2/9.
  (267) William McPheeters, John Taite, John Christian and William Young, having refused to act as overseers of the poor, the Court appoints Joseph Bell, Robert Kenny, John Wilson and Joshua Parry. John Wilson qualified.
  (267) Called Court on William Harper for forgery.--Guilty and sent to General Court.

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DECEMBER 20, 1785.

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  (269) James Hunter, son of Catherine Hunter, to be bound to John Dalhouse.
  (271) Abraham Laywell to be bound.
  (271) Henry Cease, aged 6 years and 3 months, to be bound to Francis Huff. Peter Reed, aged 7 years 20th April last, to be bound to Jacob Grove.
  (271) Joshua Parry qualified overseer of the poor.
  (273) Rev. Samuel Shannon, Presbyterian, authorized to solemnize matrimony.

JANUARY 2, 1786.

  (273) Called Court on Thomas Torst and Sophia Torst, his wife, charged with murdering William McCutchen.--Discharged.

JANUARY 17, 1786.

  (277) John Campbell appointed guardian of Joseph Conkin, orphan of George Conkin.
  (277) John Taite qualified overseer of poor.

FEBRUARY 21, 1786.

  (270) (280) Alexr. Robertson informed the Court he could not find security as Sheriff and his commission is returned to the Governor.
  (270) (280) Leave granted Alexr. St. Clair and other citizens of Staunton to build a market house on the County land.
  (273) (283) Stephen Howe and Catherine, his wife, Catherine Howe, Jr., Henry Howe, Philip Seyvert and _____ Howe presented for interfering with Alexr. Gibson in collection of taxes.

MARCH 21, 1786.

  (274) (284) Thomas McGregor exempted from payment of poll tax.
  (274) (284) John Breckinridge, having obtained a license to practice as an attorney at law, took the usual oaths of qualification, as also did Charles Magill and Robert White.
  (274) (284) John King, orphan of Joseph King, aged 18 years the 7th of May next, to George Smith.
  (275) (285) Joseph and Mathew Wamsley, orphans of John Wamsley, deceased, chose William Wamsley guardian.
  (278) (288) Samuel Vance and Alexr. Crawford qualified Justices.
  (283) John Wilson is to examine John Poage, Jr., as a deputy surveyor.
  (283) Alexr. Gibson's claim as assignee of John Chesnutt, for 22 days driving cattle from Augusta to Williamsburg--allowed.
  (284) Admn. of estate of Alexr. Gardner granted his son, John Gardner.
  (284) James Hamilton, a pensioner, proved that he received his wounds in the service of this Commonwealth in Capt. Patrick Buchanan's Company of Militia from Augusta County, in the action at Hotwater, June 26, 1781. He is aged 30 years and resides in this County.

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  (284) Alexander Martin, a pensioner proved that he received his wounds at the battle of Guilford, in North Carolina, 15 March, 1781, in Capt. Joseph Alexander's Company of Militia from Rockbridge County. Is aged 27 and resides in this County.
  (285) James Dobson's claim of 7, 10, the balance of said Dobson's pay as a sadler under the direction of Capt. Isaac Homes; also another claim for 27, 7, 3, for the same service under direction of Capt. Thomas Hamilton.

MARCH 22, 1786.

  (286) Thomas Hughart qualified Sheriff.
  (288) Robert Mills's death abates suit.
  (288) John Poage, Jr., qualified deputy surveyor.
  (290) Admn. of estate of William Baxter granted John Baxter.
  (291) John Stunkard exempted from County levies.

MARCH 23, 1786.

  (295) Thomas Brown's death abates suit.
  (306) Thomas Neill, returned no inhabitant.
  (306) Peter Wallace's death abates suit.
  (314) William McCutchen's death abates suit.
  (322) James Davis appointed guardian of Abraham Millor, deceased, he being under 14 years.
  (324) William Bell, eldest son and heir-at-law of David Bell, deceased, and Florence and Joseph Bell, executors of said David, versus John Francis. Bill dismissed.
  (329) William Hughes, John Caldwell, James Porterfield, Joseph Ray-- returned no inhabitants. Robert Ferrill--returned no inhabitant.
  (336) John Patterson vs. Florence Elliott, late Florence Bell, executrix of David Bell and George Elliott, who intermarried with said Florence.
  (337) John Smith, Wm. Dinwoodie, John Richey, Gasper Fought--returned no inhabitants.
  (354) David Cole exempted from payment of poll tax by reason of being blind.
  (354) Tithables ordered to be taken.
  (355) Joseph Bell and John Wilson appointed Comrs. of Land Tax.
  (356) Rev. Samuel Carrick, Presbyterian, authorized to solemnize matrimony.
  (356) Thomas Hughes, one of the Justices, is removed out of the County.

APRIL 18, 1786.

  (357) James Forster exempted from County levies.

APRIL 19, 1786.

  (358) William Francis, a pensioner, proved that he received his wounds in the service of the United States in the additional Regiment commanded by Colonel Grison, in 1788. Is aged 40 and resident in this County. He also produced a certificate of inability from John Griffin, a surgeon.
  (360) William Casteel, son of Jinny Jewell, to be bound to John Doak.

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