Court Minutes of September 7, 1795

Copied by Margaret S Hartman from Court Order Book A


Page 9-At a Court held for the County of Campbell at the house of Jacob Fowler in the Town of Newport on Monday the 7th day of September 1795.
Present:
Robert Benham
Thomas Kennedy Gentlemen
John Bush

A Deed of bargain and sale between between (sic) James Taylor Senr. by James Taylor his attorney in fact of the one part and the Justices of the Court of this County was presented in Court acknowledged by the said attorney and is ordered to be recorded.

The last Will and Testament of David Leitch deceased with a Certificate from the Clerk of Mason County that David Nesbitt (?) one of the Witnesses thereto had proved the same and also a Certificate from two of the Justices of said County purporting that George Gordon another Witness thereto (had proved the said will before them) was presented in Court and is ordered to be Recorded and on the Motion of James Taylor executor and Keturah Leitch executrix therein named who made oath thereto and together with Washington Berry their Security entered into and acknowledged their Bond in the penalty of Five hundred pounds as the Law directs; Certificate was granted them for obtaining a probat thereof in due form.

Page 10-A Deed of bargain and sale from the Trustees of Falmouth to John Waller and John Cook with a Certificate of its acknowledgment before two of the Justices of this County was presented in Court and is Ordered to be Recorded.

A Deed of bargain and sale from same to John Waller & Guy P. Mathews with similar Certificate; same order.
Present James Little Gentlemen

A Deed from the Trustees to George Hume with similer Certificate: same order.

A Deed from the said Trustees to John Hume with similer Certificate; same order.

 

A Deed from the said Trustees to Samuel Cook with similer Certificate; same order.

A Deed from saide Trustees to Henry Sconce with similer Certificate; same order.

A Deed from the said Trustees to James Fisher with similer Certificate; same order.

A Deed from the said Trustees to James Taylor with similer Certificate; same order.

Page 11-A Deed of Bargain and sale from James Taylor by his Attorney in fact James Taylor to Robert Benham was presented in Court acknowledged by the said attorney & is Ordered to be Recorded.

A Deed from John Bartle to Robert Benham was presented in Court acknowledged by the said John Bartle and is ordered to be Recorded.

A Deed from John Peper to Charles Morgan Certificate by the Clerk of Fayette to have been duly recorded in his office was presented in Court and is ordered to be Recorded.

A Deed from Charles Morgan to John Peper with similer Certificate; Same Order.

A Deed from John Rogers to John Peper with similer Certificate; same order.

A Deed from John Peper to John Rogers with sirniler Certificate; same order.

An Inventory and apprais(e)ment of the Estate of Colin Campbell Deceased was presented in Court and is Ordered to be Recorded -

A Deed from John Philips and Jane his wife to David Williams with a Certificate of its acknowledgment and the said Janes relinquishment of Dower thereon indorsed was presented in Court and is ordered to be Recorded.

Page 12-A Deed of bargain and sale from John Harvie and Margarett his wife to James Currie, with a Certificate of its acknowledg(e)ment and of the said Margaretts relinquishment of Dower thereon endorsed was Presented in Court and is Ordered to be Recorded.

Ordered that Isaac Carlton do attend at the Clerks office and enter into Covenants with the Clerk agreeable to Law for the binding an orphan Child to him by the name of Catharine Bryant about one year old.

A Report being made and returned on Jacob Groshongs Mill and it appearing to the Court to be reasonable is Ordered to be recorded, which report is as follows-

In obedience to an Order of the Court of Campbell County requesting the Sheriff to summons a Jury to meet at the place where Jacob Groshong is erecting a Grist & saw Mills on the East side of the South fork of Licking nearly opposite the mouth of Forklick, We James Johnston, Andrew Vance, Daniel Robertson, Edward King, John Hume, Arthur Burns, Jererniah Crook, Jesse Stuart, John Ewing, Mathew Glaves Alexander McClain and Andrew Walker being summoned and Qualified, proceded to View and consider the damage that may arise from said Mill, we are of oppinion that the building of said Mill will prejudice no person above nor below. We do not conceive that it is anyways prejudicial to the passage of the fish or navigation of Vessels. We do not imagine that it will be anywise prejudicial to the health of any person by stagnated water. The Surveyor not being present we could not lay off the exact acre, but we are of opinion that the Land at the abutment of the Damn being little else but rocks and the timber on said acre is of no value, we do value the said acre to Two shillings and six pence.

Sealed in the presence of James Johnson (Seal)
Thomas Matthews DS for N Kelly Sheriff
Andrew Vance (Seal)
Danl Robinson (Seal)
Edward King (Seal)
John Hume (Seal)
Arthur Burns (Seal)
Jeremiah Crook (Seal)
Jessee Stuart (Seal)
John Ewing (Seal)
Mathew Glaves (Seal)
Alexr McClain (Seal)
Andrew Walker (Seal)

Whereupon It is ordered that the acre of Land mentioned in the said Report be granted to the Petitioner.

A Report being made and returned on John Wallers Mill & it appearing to the Court to be reasonable it is ordered to be recorded which report is as follows:

"We of the Jury being met on the ground proposed for the erection of a Water Grist and Saw Mill about to be built by John Waller and John Cook on the south fork of Licking do say that from the narrowness of the Creek a Damn of two feet high with a Slope of Forty feet wide and thirty feet Long will not obstruct the ordinary navigation Nor the passage of Fish will be of no Damage to the publick, nor Individuals, that no Mansion house orchard.  Orchards or other improvements will be over flowed nor the health of the neighbors affected by the Stagnation of the waters. And that no abutment against the Land of any person will be necessary for a Damn of that hight Witness our hands and seals this 27th day of July 1795."

Sealed in the presence of Alvin Mountjoy (Seal)
Thomas Mathews DS for N Kelly Sheriff
James Johnston (Seal)
George Hume (Seal)
Jacob Sinks/Links (Seal)
Michael Cauger (Seal)
Saml Bryan (Seal)
Guy P. Matthews (Seal)
Daniel C. Curry (Seal)
Amos Petit (Seal)
William Anderson (Seal)
Elijah McClenahan (Seal)
John Sanders (Seal)

Burtrand Ewell Gent. Licenced to practice as an attorney took the Oath of Fidelity to the Commonwealth and the Oath of an attorney and thereupon is admited to practice in this Court.

On the application of William Smith and Jacob Foster for a Writ of Adquod Damnum to be had on Bank Lick where they have erected a Saw & Grist Mills.

It is ordered that the sheriff at the Cost and charges of the said Smith and Foster summons a Jury of Freeholders of the vicinage to meet upon the Lands petioned for on the 22nd Inst: who being met and duly sworn shall delegently view & examine the said Land and the Lands adjacent thereto on both sides of the Creek which may be affected or laid under water by building such Mill together with the timber and other conveniences thereon and report the same and of the damage to the party holding the same or to any other person or persons, under their hands and seals to the Court.

John Jones is appointed a Constable in -this County who took the Oath of fidelity and Oath of Office according to Law.

Ordered that William Cummins, Josep(h) Robinson, Obediah Scott, Benjamin Springer, John Arnold and Ellison Williams any three of them (being) first sworn, do view and mark out the nearest and best way from said Kennedys ferry Archabald Reeds, and from thence to the widow Campbells, and make report to Court of the Conveniences and inconveniences of said road.

Ordered that Benjamin Craig, George Corn, Richard Markland and Thomas Markland or any three of them (being first sworn) do view and mark out the nearest and best way from opposite North Bend on the Ohio to Archabald Reeds and make report to Court of the Conveniences & inconveniences of said Road.

Ordered that James Lanier, John Cook, George Marshall, Charles Senks and Alvin Mountjoy or any three of them (being first sworn) do view and mark out the nearest and best way from Falmouth to intersect the (P. 16 the Washington Trace and report to Court the conveniences and inconveniences of said road.

Ordered that Edmund Hogan, George Corn, William Worrel and William Terry or any three of them being first sworn do mark out the nearest and best way from Tanners Station to the mouth of Licking and make report to Court of the conveniences and inconveniences of said road.

Ordered that Thomas Johnson, John Miller, James Miller, Jacob White, and George Kelly or any three of them being first sworn do view & Mark out the nearest and best way from Mrs. Stevenses to the County line towards Washington and make report to Court of the conveniences and inconveniences of said road.

On the Motion of the Executors of David Leitch deceased It is ordered that Thomas Lindsey, Benjamin Archer, Nathan Kelly and James McClure or any three of them being first Sworn do appraise in Current Money the slaves, if any, and personal Estate of the said David Leitch deceased and return the appraisement to the Court.

Thomas Kennedy is Licenced to keep a Tavern for one year whereupon he entered into Bond according to Law.

Ordered that Court be adjourned until tomorrow Nine O Clock. Signed Robert Benham

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