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Colonial and State Records of North Carolina
Letter from John Rutherford to Samuel Johnston
Rutherford, John, 1724-1782
September 17, 1763
Volume 06, Pages 993-994

[From MSS. Records in Office of Secretary of State.]

Halifax 17th Septr 1763

Dear Sam [Samuel Johnston]

Enclosed you have the Late Govrs agreemt in 1745. Observe the Late Govr binds himself to Grant the Lands—1,200,000 (but does not Release H M) H. M. Not a Word said about the fees, only that the Govr was to pay all fees to Rice Rowan Gould—that is to the Secretary and Surveyor Genl to which if you include the Govrs own fees

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will amount to above £3000 Str. which you Can cast up from the table of fees Note also that by His Majesty's Warrant for these Lands H. M. was to pay these officers their Lawfull fees.

Q. Whether or not—for divers other good Causes and Considerations as mentd in the Release—may not be understood these fees—which will amot to a Considerable larger sum than all would be Charged by H. M. against the Govr including the sums he was security for (as in Serjeant's Case)—Will this Clause bar Mr. H. M.

I have as yet got no other acct which Mr. Harvey has promised to send me the first opportunity, and which when obtained shall be sent you.

Observe H. M. declares his having Reced but £1800 for these lands sold &c. I have been told of £3000 by him Reced for these lands—that alone is Sufficient Cause of action in Chancery—but of all these you'll Judge more distinctly when you receive the papers. Mr. H. M. expects when that bond of Serjeants is paid up there will be due to him £2000 Str.