Return to Currituck Co.
North Carolina SS
George by the grace of God King of Great Britaine & To the Justices of the precinct Courts of Curratuck in the sayd province and all whom it may concerne Greeting------
On the behalf of Thomazin ONEAL it is Shewn to us that in ye Records & proceedings which wose in Our Courts aforesayd before You Our Justices touching a certain Orphan named William VINCE an apprentice bound by Indenture to the sayd Thomazin by the consents of the Members of Sur Sayd Court which by Your Order dated the twelfth day of July One thousand seven hundred & twenty Six was dischargd from her sayd Indenture in which order Error manifest hath intervend to the grevious damage of her the sayd Thomasin as we have receivd, We the ???? Error if any be in due manner to be corrected & to the partys aforesayd full & speedy Justice to be done Willing in this part Comand You that if any judgmt Or order thereupon be given then the record & process aforesayd before us in Our next Genl Court you cause to come & be certifyed & he with these the partys prosecuting the sayd Judgment or Order by the Marshall Deputy as to this to be fore warnd & that the Execution of the sayd Judgment or Order to do You supported & untill the Same Shall be determind in Our next Genl Court on the last Tuesday in October next & that the Error if any there be in this part in due manner may be corrected & to the partys aforesayd full & speedy Justice may be admonished as of rights ought to be.
Wittn: Chr. GALE Esq. Ch. Just.
This 5th day of August 1726
Att A court Held for the Prect Of Currotk the 12th day of July Anno Dom 1726
Capt Fos. SANDERSON
Capt Jno. WOODHOUSE
Whereas Thomasin ONEAL was brought before this Court by Information of Mr. Umphry VINCE Complaining Agst the sd Thomasin for misusing one William VINCE an Orphan Boy being bound to the sd Thomazin and the sd Orphan being examined by the Court Declared that he was by his sd Mistress Overcast? sd And had more work Set him than he Could perform and that his Mistress would Whip him for not performing so great tasks wherefore it Appearing to the Court that the said Orphan hath been very hardly Dealt with and much abused by his sd Misttress Its Therefore Ordd that the sd William VINCE be cleared and he is hereby cleared from his former Mistressis Service and to remain in Custody of Mr. Humphry VINCE as Guardian to the orphan and the sd Thomasin to pay ye Costs Alias? Excor?
J. MARTYN Clk Cort.
Thomason ONEALL having obtained a Writt of Superseedeas returnable to this Court directing to the Justices of the precinct Court of Curatuck comanding the Said Justices that the record and process of the Said Court should be Certifyed to the Court here concearning one William VINCE an orphan & that the Execution of the Said Judgment or order of the Said Court should be Superseeded until the Same Should be by the Court here examined by Thomas SWANN her Attorney now came having filed the Errors by the Said Thomasin asignd which being deligently examined & by the Court be well Considerd & fully understood as well the record & process of the said Court of the Precinct of Curatuck as the Errors by the Said Thomasin asignd. It is the opinion of this Court that the Justices of the court for the precinct of Curatuck having nothing Erred Therefore It is Considerd that the Judgment or Order & process of the said Court do Stand & be of full force anything to the Contrary notwith Standing whereupon the said Thomasin by her Attorney aforesd moved in arrest of Judgment & prayed day to be heard thereon which was granted & the Second day of the next Court to be held for this Government on the date Tuesday in March was assigned her and it is further orderd that the said William VINCE in the mean time be and continue under the Care & tuition of Humphrey VINCE his Guardian & live wth Sd HUMPHRY pursaint to the Order of the sayd Court.
[On the back of these pages were written:
ONEALL vs VINCE - Supersedeas; All persons conserned in the within supersedas as over service with the same by me; /s/ George POWERS Dep. Marshal]
Corrotuck papers; 1726 Octob.; ONEAL vs. VINCE; Errors
ONEALE vs VINCE; Case Order to be Enterd
[SOURCE: Manuscript and Archives Reference System MARS site under Colonial Records Group-Estates Papers, Estates Records, Unnamed Decedents, and Guardian Records 1665-1759; MARS ID: 401.3.516]
This record was contributed by Judy Merrell Brickhouse. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2006 Kay Midgett Sheppard