Court Minutes of September 11

Court Minutes of September 11, 1797

Copied by Margaret S Hartman from Court Order Book A, Page 108
 

At a Court held for Campbell County at the Court House in the Town of Newport on Monday the 11th September 1797.

Present: Esquires
John Hall
Henry Brasher
Thomas Lindsay

Richard Southgate qualified according to Law as Deputy Clerk of this Court.

The Sheriff upon a Writ in the nature of a writ of ad quod damnum to him directed on the motion of William Cummins to ascertain the damages that he would sustain in consequence of the Road from Henry Pickles on the Ohio to intersect the George Town Road passing through his Lands returned thereon that he had executed it, and therewith the Inquisition of the Jurors under their hands and Seals which read it is ordered that the said William Cummins be allowed the 39 dollars & 42 Cents in the said Inquisition mentioned as a compensation for his damages as aforesaid & that the Inquisition be recorded.

An Indenture of Bargain and Sale from John Harvey of the one part to Humphrey Marshall of the other part was certified according to Law & ordered to be recorded.

The persons appointed to view & mark out the nearest and best way from Robert Spilmans to John Fowlers Salt works on Bank Lick reported that they had mark'd out the same as follows beginning at said Spilmans thence along a ridge between DeCourcys and Licking to the Salt works, which intended Road will be of advantage to the 12 Mile settlement and the settlement about the widow Stevens's passing through the Land of said Spilman,  Johnson & William Kennedy who all consent that the said intended Road should pass through their Lands & on the other side of Licking through the Lands of one Harris who is a Non resident of the County on consideration whereof it is ordered that the said Road be established according to the said Report that Robert Spillman act as Surveyor of the same and that such labouring persons as the Statute requires within 5(?) Miles of said Road do attend the said Surveyor in cutting out the same and keeping it in good repair when required.

Ordered that the Road as marked out by the Viewers from Henry Pickles on the Ohio to the George Town Road be established according to their Report, that William Welch act as Surveyor of the same and that he be attended by such persons (as the Statute directs) that live on the lower side of Licking within one Mile of the Road as often as is requisite for cutting out & Keeping the same in good repair as a Waggon Road.

Present Obadiah Scot Esquire; On side of book for the following record: The Entry of the Judgment was by mistake; see next Term; William Daniel Apt vs John Kensselan Apee;  Appeal from a Judgment of Jno Bartle Justice Amt of Judgment Cost 4-16-9.

This day came the parties by their attornies and thereupon the Court took into consideration whether the said Judgment ought to be confirmed or reversed.   Whereupon it was considered by the Court that the said Judgment be confirmed and that the appellant pay to the appellee his Cost of Increase upon this appeal expended and the said Appellant in mercy &c.

Page 111-On side of book for the following record: The Entry of this Judgment by mistake; see next Term; William Johnson Apt vs Obadiah Scott Ape; On appeal from the Judgment of Henry Brasher Justice Judgment rendered for L4.12.4 debt & 3. Costs.

This day came the parties by their attornies and the Court having heard the proofs of the parties & it appearing that said Judgment ought to be reversed.  Therefore it was considered by the Court that the said Judgment be reversed and that the appellee pay to the Appellant all his Costs by him expended & the said Appellee in mercy.

On side of book for the following record: This Judgment entered by mistake; see next Term; John Dunlop Appellant vs William Jones Appellee; On an Appeal from the Judgment of John Bartle Justice for L4.17.6 debt & Cost 3/9.

This day came the parties by their attornies & the Court having heard the proofs & it appearing to the Court that the said Judgment ought to be confirmed. Therefore it is considered by the said Court that the said Judgment: for L4.17.6 debt & 3/9 Costs be confirmed & that the Appellant and his Security pay to the said William the said Debt and Costs & likewise the Costs expended in the prosecution of this Appeal and the said Appellant, in Mercy.

William Reddeck sheriff of this County appointed Charles Brasher under Sheriff during pleasure and thereupon the said Charles qualified according to Law.

The Persons appointed to view & mark out the nearest and best way from Newport to Wilmington reported that they had mark'd out the same as follows;  to leave the Road that leads from Newport to Stephens's about one half mile above James Johnstons (sic) at the place where Thomas Johnson (sic) Road is at the Mouth of Riffle Creek;  thence passing by Captain Kellys & with the path formerly travelled to Wilmington passing by Squire Grants plantation to Licking just below Wilmington. On consideration whereof it is ordered that the said Road be established agreeable to said Report that Thomas Johnson act as Surveyor of said Road from the Newport Road to Pond Creek, Benjamin Allen from thence to John Russels & Bartlet Graves from thence to Licking all the Hands from Bartles run & up the right hand fork, to include Dr. Sellmans Farm do attend said Johnson the hands from Pond Creek and upwards to include Joseph Wellmans Farm to attend Benjamin Allen & the hands from thence up Licking on the North side to include James Howards Farm to attend said Graves as often as may be requisite for cutting out and Keeping the same in good repair as a Bridle way.

On the motion of William Anderson it is ordered that a License be granted to him to keep a Tavern in this County for one year he having with his Security entered into and acknowledged Bond according to Law.

Page 113-On the motion of Michael Brady it is ordered that a License be granted to him to Keep a Tavern in this County for one year he having with (blank) his Security entered into & acknowledged Bond according to Law.

The Sheriff upon a Writ of ad quod damnum to him directed on the Motion of John Stuart to ascertain whether he should be allowed to erect a Grist Mill on Fork Lick Creek he owning the Lands on both sides of said Creek returned thereon that he had executed it & therewith the Inquisition of the Jurors under their hands and Seals which being read & the prayer of the said John granted the said Inquisition was ordered to be recorded & in substance is as follows;  We the Jury find that no injury private or public can arise from the erection of the said Mill.

An Inventory & appraisement of the personal Estate of Samuel Perry dec'd was presented in Court and ordered to be recorded.

On the motion of John Hall who made oath according to Law & together with Jacob Fowler his Security entered into and acknowledged Bond conditioned as the Law directs Certificate is granted him for obtaining Letters of administration on the Estate of James Ozburn in due form.

Page 114-Ordered that Chichester Matthews, William Bates, Edward Webb and Thomas Whitaker or any three of them being first sworn before a Justice of this County do appraise in current Money the Slaves if any and personal Estate of the aforesaid James Ozburn deceased and return the appraisement to the next Court.

Ordered that William Anderson act as Overseer of the Streets of Newport in the room of Jacob Fowler.

Ordered that William Ozburn Infant of James Ozburn deceased aged 6 years be bound to Chichester Matthews Farmer until he attains the age of 21 years.

On the motion of James Taylor ordered that at his Costs a Writ of ad quod damnum to be executed on the 12th Ins't be issued according to Law returnable to the next Court to ascertain whether he ought to have leave to erect a Saw and Water Grist Mill on Duck Creek he owning the Lands on both sides of said Creek.

Ordered that Joseph Smith, Jacob Sodowsky, Adam Glore and James Spencer or any 3 of them being duly sworn first before a Justice of the peace do view and mark out the nearest and best way from the Mouth of Licking to the Big Bone Lick and report to the next Court the conveniences and inconveniences which will result as well to Individuals as to the public from the opening of the said Road.

Ordered that John Craig an orphan of the age of 18 years be bound to Andrew Lewis until he attains the age of 21 years according to Law.

An Indenture of Bargain and Sale from the Trustees of Newport of the one part to John DeWitt of the other part was proved by the Oaths of James Taylor, Moses Scott and William Reddeck Witnesses thereto and ordered to be recorded.

Ordered that the Sheriff of this County do cause to be erected a Pillery Whipping Post and Stocks for this County and produce an account thereof to the Court.

Ordered that Andrew Lewis, William Robb (?),  John Mernan and Christopher Stewart or any three of them view and mark out the nearest and best way from the Main Road near John Days & thro' by Joseph Kelleys to intersect the main Road from Newport to Washington & make report of the conveniences and inconveniences which will result as well to Individuals as to the public from the opening of the said Road to the next Court.

An Indenture of Bargain and Sale from James Cunningham and Janet hi wife of the one part to Francis Cunningham of the other part was produced in Court certified by Two Justices of the North Western Territory with a Commission annexed and a Certificate from said Justices the execution thereof and ordered to be recorded.

A Deed of Gift from same to same certified as aforesaid & ordered to be recorded.

Ordered that Court be adjourned 'till Court in course.  Signed Thomas Lindsay

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