Legal Form Book of Peter Tinsley, Clerk of the High Court of Chancery

Peter Tinsley served as George Wythe's clerk while Wythe presided over the High Court of Chancery. As clerk, Tinsley compiled a collection of forms for the various documents that the court would need to issue. This collection is referred to as Tinsley's "form book."^[1] This book was intended to save time and labor by providing a repository of model language so that the clerk would not have to start from scratch every time the court needed to issue a document. This book may also have served a related (whether intentional or incidental) purpose of standardizing the language of documents issued by the court so that court documents were consistent.

Tinsley form book summary

The form book is divided into eight sections, plus an index.

Forms of Injunctions (pages 1-10): An injunction is an order by the court for a party to do or not to do something. These form injunctions generally address situations in which the court needed to stop a party "from further proceeding on a judgment." For example, one form in this section is the plain "Injunction to a Judgment on a forthcoming bond." Many of the forms appear to be derivative of this one, with subtle differences. They differ in length, the location of the court, the parties involved, the amount of bond required, and probably other respects more readily apparent to the careful eye of Tinsley. There are forms for situations involving "part of a judgment" or "8 years interest [on a judgment]" or "[a] Judg[ment] [that] was affirmed on an appeal" or "a Judg[ment] [o]btained by assignee," or "Judgments obtained in different ~ Courts." It is clear that Tinsley wanted to have several examples to choose from. He must have appreciated the subtle differences in the seemingly similar cases that came before the court. Other highlights from this section include a form to direct a trustee to refrain from selling certain property and another to direct an official ("the Sergeant of the City of Richmond") not to seize or liquidate certain property. No matter the details of the next injunction that the court needed to issue, Tinsley probably had a form that was at least close to it.
Forms of Orders (pages 11-50): Court orders often involve decisions on motions. One such motion is a "demurrer," which is a motion asking the court to dismiss the case because it is fatally flawed in that the facts alleged provide no legal basis for relief. Tinsey had three forms dealing with demurrers. All three of them were for overruling demurrers, which would be used when the court decided that there was a legal basis for relief. Also, all three forms direct the defendant (the party who brought the motion and lost) to pay for the plaintiff's costs related to the demurrer. Perhaps more interesting are the multiple orders dealing with parties who were out of the country, referred to as "absentees." In at least three of these forms, it appears that the plaintiff was awarded land belonging to a defendant who had left the young nation, perhaps because the defendant had been a British loyalists. The revolutionary war fighting lingered in the south.^[2] As the fighting came to an end and the British were leaving the former colonies, "up to tens of thousands of loyalists sometimes went with the retreating army to Britain and other parts of the British Empire." ^[3] So, these forms may indicate that the George Wythe heard cases (perhaps even regularly) where British Loyalists lost their land by default. Some forms in the second section contain probably unfamiliar terms like "fieri facias." According to the Cornell LII, "This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant." ^[4] Then there is the "Scire Facias," which is "a writ, founded on a record, requiring the person against whom it is issued to appear and show cause why the record should not be enforced or annulled."^[5]
Certificates (pages 51-52): This section contains three forms. The first two were for dismissing a case and the last one was for verifying that the plaintiff obtained a bond.
Process (pages 53-70): The first few forms in this section are called "supersedeas[es]." These forms are directed to the sheriff and appear to have something to do with holding off on collections while an appeal is pending. According to Jones day, a "supersedeas bond" is "the bond a losing defendant must pay to secure its right to appeal and stay the judgment." ^[6] Other forms in this section are used to bring someone before the court ("attachment"). There are several forms labelled with the previously-mentioned term "Scire facias." These forms are also directed to the sheriff and most of them involve the situation where a party has "departed this life," apparently while the case was pending. The forms "command" the sheriff to "summon" someone to come before the court. There are also forms of "Certiorari," in a few different variations, each of which is directed to the justices of a particular county, apparetly used to request records from those justices of the proceedings in cases that had been appealed to the High Court of Chancery. The labels of other forms in this section contain terms such as "Writ," "Mandamus," "Commission," "Habeus Corpus," and "Subpoena."
Executions (pages 71-76): Each of the executions is directed to the sheriff, requesting that the sheriff procure money from the sheriff's "bailiwick" to be paid on a court award. This section also contains a form titled a "Writ of Elegit," which directs the sheriff to take one person's property and give it to another person "saving only the oxen and beasts of his plough, and also a moiety of all [the judgment debtor's] lands and tenements."
Rules of Court (pages 77-80): This section lists procedural rules in the High Court of Chancery that deal with issues such as timing for motions, examination of witnesses, examination of accounts, dismissal of cases, and reinstatement of cases. One rule seems to have been directed at clearing the court's docket; it stated that all cases "depending at the rules" would be dismissed unless the plaintiffs took action to move them along "on the first rule day after the next term."
Bonds (pages 81-88): These forms generally seem to have been used to verify that someone (probably the appealing party in most cases) has posted security (a bond) in case one of the other parties suffers damages. The bond would protect the appellee and provide him with a source of recovery for his costs litigating the appeal "in case the said decree be affirmed."
Appeal (pages 89-90): There is only one form in this section. It was taken from a proceeding that took place before Judge George Wythe on September 1, 1799. It appears to be a recitation of several procedural events that took place. Perhaps Tinsley used this form as a model for other instances when Wythe ordered, "Be it remembered..." as he did here.

Document Text

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Forms of Injunctions

The Commonwealth of Virginia to the Sheriff of County Greeting: You are hereby commanded to summon James Ritchie, to appear before the Judge of the High Court of Chancery of the Capitol in the City of Richmond on the 17th day of the next term to answer a bill in Chancery exhibited against him by Edward Digges: and this he shall in no wise omit under the penalty of £100 and have then there this writ: Witness George Wythe judge of our said Court of Richmond this 10th Day of June 1802, and in the 26th year of the Commonwealth.

Tinsley C,C

Subpoena

To injoin the defendants their agents, attornies and all others concerned from further proceeding on a judgment obtained by the defendant James Dunlop exor of Thomas Montgomery who was assignee of William Ransdell against the plaintiff in the district court of Dumfries as to the sum now appearing by the said judgment to be due, until the further order of this Court. But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district Court in a penalty equal to double the money hereby injoined and until he also files with the said Clerk, or with the Clerk of this Court, a release of all errors at law in the said judgment proceedings

P. Tinsley C,C

Mem^o If the release of errors be filed with the Clerk of the district aforesaid a copy thereof is to be certified to this court

P. Tinsley C,C

Injunction to part of a judgment obta. by assignees

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Injunction to a Judgt. Deputy Shff and his securities	To injoin &c. from proceeding on a judgment obtained by the defendant W.C. against the plaintiff and the Securities for the faithful execution of his office as deputy Sheriff as to £10 until &c.
Injunction to a judgment on forthcoming bond	To injoin &c. from proceeding on a judgment obtained by the defendant J.M against the plaintiff C.D. in the district court of Dumfries on a bond given for the forthcoming of property at the day of sale on an execution sued out of the Clerks Office of the said district court on a judgment obtained therein by the said defendant J.M against the plaintiff J.S until &c.
Injunction to a Judgt. on a forthcoming bond [???] Plt and the securities for the delivery of the property at the day of sale.	To injoin &c. from proceeding on a judgment obtained by the deft against the plaintiffs J.C and S.C in the district court of Dumfries on a bond given for the forthcoming of property at the day of sale on an execution sued out of the Clerks office of the said district court on a judgment thereon obtained by the deft [???]the plt H.T until the further order of this Court. P.T. C,C
Injunction to a Judgt. on a forthcoming bond as to 8 years interest	To injoin &c. from further proceeding on a judgment obtained by the deft against the plaintiff on a bond given for the forthcoming of property at the day of sale, upon an execution sued out of the Clerks office of the district court of Dumfries on a judgment obtained thereon by the defendant against the plaintiff as to so much of said first mentioned judgment as is equal to eight years interest on the principal money recovered by the last mentioned Judgt. until &c. P.T. C,C
Injunction to a Judgt. on a forthcoming bond which Judgt. was affirmed on an appeal to the Dt. Ct. of C.	To injoin &c. from further proceeding on a judgment obtained by the defendant against the plaintiff and others in the district Court of

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of Charlottesville affirming a judgment of the County Court of Albemarle rendered on a bond given for the forthcoming of property at the day of sale upon an execution sued out of the Clerks Office of the said County Court on a judgment obtained therein by the defendant as assignee of S.C against the admons of C.S. deceased until the further order of this court: But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks Office of the said district court in a penalty equal to double the money recovered by the judgment first mentioned with such condition as the law requires; and until he and the said W.S.H. also file with the said Clerk of the district Court or with the Clerk of this Court a release of all errors at law in the said judgment and proceedings	margin small column
To injoin &c. from further proceeding on the execution now in the Sheriffs hands of Fluvanna in favor of William Adams and others against Richard Cocke until the further order of this court: But the effect of this injunction is to be suspended until the plt: B.R enters into bond with sufficient security in the Clerks office of the respective Courts in which the judgments on which the said executions were rendered in penalties equal to double &c.	Injunction to executions now in the Shffs hands.
To injoin the defendant his agents attornies and all others concerned from further proceeding on a judgment obtained by the defendant against the plaintiff in the county Court of Goochland also on a bond	Injunction to a Judgt. and to a bond given in virtue of an exon sued out on the said Judgment.

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Margin SMALL column	bond given for the forthcoming of property at the day of sale upon an execution sued out of the said County Court on the judgment aforesaid, until the further order of this Court, but the effect of this Subpoena is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said County Court in the penalty of two hundred and twenty pounds with such condition as the law requires, and until he also files with the said Clerk or with the Clerk of this court a release of all errors in the said judgment &c. proceedings P.T. C,C
In the case of a review where the decree reviewed is not final.	Virginia In the High Court of Chancery Between A.E. plaintiff and C.D. defendant The plaintiff by leave of the Judge of the said court is allowed to file a bill for reviewing the decree and proceedings in the suit between A.E. plaintiff and C.D. defendant, and having filed the same accordingly, the commissioners appointed for performing the said decree which was pronounced on the day of are hereby to suspend all proceedings on the said decree until the further order of the said H.C.C. P.T. C,C
Surveyors fees Sergeant inhibited from proceeding to distrain.	To inhibit the Sergeant of the City of Richmond from proceeding to distrain the property of the plaintiff to satisfy the tickets put into his the said Sergeants hands by the defendant Edward Jackson for fees said to be due him as surveyor of Randolph County from the plaintiff for services performed in the years one thousand seven hundred and ninety five and 1796, amounting to $908 and 66 until

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until the further order of this Court.
To inhibit the defendant R.K. until the further order of this court from proceeding to sell more of the property conveyed to him in trust by the plaintiff Rice N. by Indenture bearing date the 29.th of March 1800 to secure the payment of a debt due by him the said R.N. to Robert Haslie and others surviving partners of B.H. & Co. than may be sufficient to raise so much of the debt intended to be secured by the said indenture as shall remain after deduction therefrom of one hundred and forty nine pounds 13/5 with interest thereon from the 25.th day of July 1799. P.T. C,C	Trustee inhibited from proceeding to sell trust property.
To injoin &c. from further proceeding on a judgment obtained by the defendants J.D. &c. exors of T.M who was was assignee of W.R. against the plaintiff in the district Court of Dumfries as to the sum now appearing by the said judgment to be due: until the further order of this court. But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks Office of the said district court in a penalty equal to double the money hereby injoined and until he also files the said Clerk or with the Clerk of this Court a release of all errors of law in the said judgment and proceedings. P.T. C,C	Injunction to part of a Judgt. Obtained by assignee.
To injoin &c. from further proceedings on a judgment obtained by the defendants J.L. and J.L. exors of F.L. deceased against the plaintiff in the district court of Fredericksburg until the last day of this month, and no longer, upon condition that the goods	Injunction to continue to the end of such a period then to cease unless cause be shown to the contrary after giving notice to the deft. as required

---	goods and chattels taken or to be taken, in execution be suffered to remain under the Officers power, to the end that in the mean time, the defendants to whom the plaintiff is required to give reasonable notice of this motion may attend the Judge of the high court of Chancery personally or by counsil for the purpose of opposing it if they will and that if the injunction be not continued, the creditors may not be longer delayed. P.T. C,C
Injunction to a Judgt. and to two others to be confessed in the actions now depending in court.	To injoin &c. from further proceeding on a judgment obtained by the defendant of the plaintiff in the district court of ~ Winchester, until the further order of this court: But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgment with such condition as the law requires and until he also files a release of errors. &c. (from) And upon the plaintiffs confessing judgments in the two actions commenced against him by the defendant and now depending in the said district Court, and entering into like bond in a penalty equal to double the money recovered by the judgments so to be confessed: and moreover filing with the said Clerk, or with the Clerk of this court, a release of all errors at law in the said ~ judgments and proceedings, the defendant, his agents, attornies & all others concerned, are hereby injoined from further proceeding on the said judgments until the further order of this court. P.T. C,C
Injunction to two Judgments specifying the sums injoined	To injoin &c. from further proceeding on two judgments obtained by the defendants against the plaintiffs in the district court of F one

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one for £112 10 with interest from the 1.st day of April 1792. and costs and the other for £120 17 6 ¼ with interest from the 1.st day of April 92, and costs, until the further order of this court, but the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgments with such condition as the law requires: and until he also files with the said Clerk or with the Clerk of this court a release of all errors of law in the said judgments and proceedings. P.T. C,C	---
To inhibit the commrs. from proceeding to make sale of the eight hundred acres of land mentioned in the complainants bill it being part of the land mortgaged by John P.P. to J.B. by indenture bearing date the 8.th day of September 1787, for the foreclosure of which said mortgage a decree was made on the 22d day of May 1801, in a suit in the high Court of Chancery between the said J.B. plaintiff and M. Posey defendant, until the further order &c. but the effect &c. penalty of the bond to be directed by the Judge. Memo. The Clerk of the said County Court is directed to transmit to this court the bond to be taken in pursuance of the above injunction.	Commissioners inhibited from proceeding to sell land.
To injoin &c. from further proceeding on two judgments one obtained by the defendant J.M. against the plaintiff in the district court of B and the other against him as Garnishee of the defendant F.G. in	Injunctions to Jugdmt. obtained vs the plt. in different characters and in different Courts.

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in the County Court of Brunswick, until the further order of this court: but the effect of this injunction is to be suspended until the plaintiff enters into bonds in the Clerks office of the said county and district courts in a penalty equal to double the amount of the said judgments, and until he also files with the said Clerks a release of all errors at law in the said judgments and proceedings. P.T. C,C

Upon plaintiffs confessing Judgdt. Injunction awarded.

Fontaine Maury against John Proudfit Upon the plaintiffs confessing judgment in the action commenced against him in the County Court of Spotsylvania by the ~ defendant for the debt and interest sought thereby to be recovered and entering into bond with sufficient security in the Clerks office of the said County Court in a penalty equal to double the amount due by the said judgment with such condition as the law requires in cases of injunctions, and moreover filing with the said Clerk or with the Clerk of this Court, a release of all errors of law in the said judgment and proceedings; the defendant his agents &c. are hereby injoined from proceeding on the said judgment until the further order of court. P.T. C,C

Injunction from further proceeding on a forthcoming bond.

To injoin &c. from proceeding on a bond given for the forthcoming of property at the day of sale upon an execution sued out of the county Court of Gloucester on a judgment obtained in the said court by W.D. assignee &c. of S.C who was assignee of J.H. against the plaintiff, until the further order of this Court; but the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said county court

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court in a penalty equal to double the money appearing to be due by the said bond, with such condition as the law requires, and until he also files with the Clerk of the said Court, or with the Clerk of this Court a release of all errors in the said judgment and proceedings P.T. C,C	---
To injoin &c. from further proceeding on two judgments obtained by the defendants G&c.F.T &c. assignee of C.M.&c. against the plaintiff one in the county Court of Norfolk, and the other in the district court of Suffolk, until the further order of this Court; but the effect of this injunction is to be suspended ~ until the plaintiff enters into bond in the Clerks office of the said respective Courts with sufficient security in penalties equal to double the money recovered by each of the said Judg.ts with such condition as the law requires; and until he also files with the Clerks of the said Courts a release of all errors of law in the said Judgments and proceedings P.T. C,C	Injunction to two Judgments obtained in different ~ Courts
To injoin &c. from further proceeding on two judgments obtained by the defendant against the plaintiff in the district court of New London, one for the 104 pounds 10/- [???] with interest from the 9.th day of January 1794, till payment and the Costs, the other for 131 pounds 1/- [???] with interest from the same period till payment and costs, until the further order of this court: but the effect of this injunction is to be suspended, until the plaintiffs enter into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgments with such condition as the law requires; and until they also file with the said Clerk, or with the clerk of this court a release of all errors at law in the said judgments and proceedings P.T. CC	Injunction to two Judgments sums recovered by the said Judgments specified.

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[Blank]

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Forms of Orders

Anthony Thornton and Mary his wife……… plaintiffs against Graham Franks and others………………......defendants The demurrer put in to the bill of the plaintiffs by the defendants Francis Gaines and Frances his wife was this twentieth day of March, in the year of our lord, one thousand seven hundred and ninety three, argued by counsil and ~ overruled by the Court, and therefore the court doth order these defendants to answer the said bill, and to pay to the plaintiffs their costs occasioned by the demurrer: and doth further order that the defendant Zachariah Shackleford, do make up an account of his administration of the estate of Richard Shackleford deceased, and also an account of the estate of Philip Rootes exor of Philip Rootes deceased and of the testator Philip Rootes which came to his hands; and with the consent of defendants Francis Gaines and Frances his wife by their counsil It is ordered that they do also render an account of the portion of the said estates which came to their hands, which accounts are to be made up before master commissioner Hay, who is directed to examine state and settle the same and make report thereof to the Court with such matters specially as he may think pertinent or as the parties may require

Order overruling Demurrer and directing account.

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Plea to stand as an answer and leave given the deft to put in a further answer

William Thornton Alexander.................plaintiff against Patrick Maury.................defendant The plea of the defendant, put into the bill of the Plt came on, this twenty third day of September, in the year of our Lord, one thousand seven hundred and ninety three, to be argued by counsil, and the court doth direct the said plea to stand for an answer, and doth give leave to the defendant further to answer the bill of the plaintiff.

Decree for partition and allotment and report to be made

Jesse Curd and others…………………………….plaintiffs against Suzanna Ellis and others…………………………defendants This cause, by consent of parties, came on, this fifteenth day of September, in the year of our lord, one thousand seven hundred and ninety five, to be heard on the bill and answers and the decree of the county court of Goochland in chancery, in a cause wherein the said Susanna Ellis widow and the present plaintiffs were plaintiffs and the said Samuel Woodson was defendant, and was argued by counsil; on consideration whereof the court doth appoint Miles Seldon, Nath.e Wilkinson, Daniel L. Hylton and William Price commissioners of whom any two or more may act, to assign to the said ~ Susanna the widow, her dower of the lands and slaves whereof John Ellis the father was seized and possessed at the times of his death, including in such lands the twenty five acres of Wood land mentioned in the said decree, of the County court of Goochland, and make partition of all the said lands and slaves subject to the said

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said dower, among the children of the said John Ellis to be holden by them in coparcenery, and do also distribute the personal estate of the said John Ellis amongst his window and children, allotting one third part thereof to her, and that the defendant, Samuel Woodson, do convey the inheritance of the said twenty five acres of land after the confirmation of the report, to that plaintiff within the limits of whose property the same shall be; and that the said acting commissioners report the partition and distribution to the Court.

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Overton Cosby and others……………….......... appellants against Gilbert Currell executer of Henry Currell ….appellee This cause an appeal from a decree of Lancaster County Court in chancery pronounced, the twenty first day of may in the last year, by which an injunction to a judgment recovered by the appellants against the appellee was made perpetual, came on the nineteenth day of September, in the year of our lord one thousand seven hundred and ninety four, to be heard on a transcript of the record of proceedings before the County Court and was argued by council; on behalf of the appellants no counsil appearing on behalf of the appellee; on consideration whereof this court is of opinion that before any decree was made in this cause an issue between the appellee and the appellant Overton Cosby who is executer of his copartner James Mills ought to have been made up and tried in order to determine whether that testator had received from the testator of the appellee the pine plank ~ mentioned

Cause remitted to the County court. Issue to be made up between the parties to try certain facts.

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mentioned in the bill to been sold and delivered, or any other articles sold and delivered, or payments made to the said James Mills, for which just credits had not been given, and to ascertain the value of such articles and payments, if not credited, and therefore this court doth remit the cause to the County Court, to the end, that such issue, may there be directed, made up and tried, and that the said Court may proceed to compel execution of the said decree, or setting it aside make such other decree as the verdict to be found ~ upon trial of the issue shall justify: and this court doth award that the appellee do pay unto the appellants the costs expended by them in prosecuting their appeal all which is ordered and decreed accordingly.

Upon a motion to dissolve the Inj.n leave given the deft: to plead to the declaration on which Judgm.t was rendered. Verdict to be certified to this Court:

Bradley and others……………………………………….plaintiffs and Mitchell…………………………………………………..defendant Upon a motion made the 29th day of May in the year of our lord 1797, by the counsil for the defendant to dissolve the injunction obtained by the plaintiffs to stay execution of a judgment recovered against them by the defendant in the district court Wmsburg, The court doth give leave to the plaintiffs to appear and set aside the said judgment by putting in such plea as they shall be advised to the declaration on which the same was rendered, and doth order that the verdict upon trial of the issue which may thereupon be made up be certified to this court.

Order recommitting Report.

Cary…………………………………………………….. plaintiff against Herbert and others……………………………………….defendants The report pursuant to the order made in this cause on

Page 15

on the 5.th day of June 1795, is this 15.th day of September, in the year of our lord, one thousand seven hundred and ninety eight, for reasons appearing to the Court, recommitted to master Commissioner Keith for him to consider the same with the exceptions thereunto put in by the plaintiff and to report thereupon.	---
Gordon………………………………………………appellant against Robertson and others…………………………………..appellees The court this 12.th day of September, in the year of our lord, 1798, doth recommit to master commissioner Rose the report made by him in this cause by virtue of the order of the 11.th day of march, in the year 1794 for him to reconsider and report thereupon.	Order recommitting Report
Ross……………………………………………………………………..appellant against Leonard………………………………………………………………….appellee By consent of the parties by their counsil, the issue directed by the order made in this cause on the 19.th day of march, 1794 to be made up between the parties and tried before the district court of Richmond, and in which no verdict has been found is directed to be tried before the Hustings Court of the said City.	Order changing Venue.
Williamson and others…………………………………………..appellants against Bailey………………………………………………………………………appellee This cause an appeal from a decree of the county court of	Decree of affirmation on an appeal.

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of Henrico in Chancery pronounced the 5h day of November, in the year of our lord 1793, came on, the first day of June, in the year 1796, to be heard on a transcript of the record of proceedings before the said county court, and was argued by counsil: on consideration: whereof this court being of opinion that no error is in the said decree by which the testator of the appellants was decreed to pay unto the appellee £ 32 16 3 and his costs, doth affirm the same, as it is accordingly hereby affirmed, and adjudges, order and decree, that the appellants out of the estate in their hands to be administered of their testator do pay into the appellee the costs expended by him in defending the appeal.

Decree reversed cause remitted to the County Court to be there further proceeded in.

Langhorn and others……………………………………………….appellants against Curle………………………………………………………………..appellee

This cause an appeal from a decree of Elizabeth City county Court in Chancery pronounced, the 27.th day of August, in the year of our lord 1795, by which the bill of the plaintiffs was dismissed came on the 15.th day of September, in the year 1796, to be heard on a transcript of the proceedings before the County Court and was ~ argued by counsil: on consideration whereof this court is of opinion that the said decree is erroneous because the allotment of dower to the appellee in the bill and answer mentioned made during the minority of Wilson Curle was not binding and therefore this court doth ~ reverse the said decree, as it is accordingly hereby reversed, and order that the appellee do pay unto the appellants the costs expended by them in prosecuting their appeal, and doth remit the cause to the said

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said county court, to the end that the said Court may procede further therein

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Ross………………………..…………………………………………plaintiff against Dennis and others…………………………………………………….appellees This cause an appeal from a decree of the County Court of Amelia in Chancery, pronounced the 29.th day of September in the year 1796 to be heard on a transcript of the record of proceedings before the County Court, and the petition of appeal and was argued by counsil, on behalf of the appellant, no counsil appearing on behalf of the appellees: on consideration whereof this Court being of opinion that the decree of the county Court, by which an injunction obtained by the appellees to stay execution of a Judgment in an action of common law recovered against them by the appellant was made perpetual and he was condemned to pay the costs is erroneous, doth reverse the said decree and adjudge, order and decree, that the bill of the appellees praying the said Injunction be dismissed, as it is accordingly hereby dismissed, and that the appellees do pay unto the appellant, the costs expended by him as well in his defense in the county Court, as in the prosecution of his appeal.

Decree of the County Court reversed and bill dismissed with costs &c.

Valentine…………….…………………………………………………….plaintiff against Calvert…………………………………………………………………….defendant This cause came on this 26.th day of September in the year of our lord 1796, to be heard on the bill and plea of the defendant ~ thereunto, and was argued by counsil: on consideration whereof the court doth order the said plea to stand for an answer.

Plea to stand for an answer

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Report confirmed Injunction dissolved in part and made perpetual as to the residue

Randolph……………………………………………………………………plaintiff and Sheppard……………………………………………………………………defendant This cause by consent of parties, came on, this 28.th day of May in the year of our Lord 1798, to be heard on the bills, answer, exhibits and report of the commissioner pursuant to the order of the 19.th day of March last and was argued by counsil: on consideration whereof the court confirming the said report to which no exception was taken, doth adjudge, order and decree, that the injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the defendant in the district Court of Richmond, be dissolved as to one hundred and sixty pounds 15/ [???] part of the money recovered by the said Judgment with Interest thereupon from the 15.th day of May 1796, and also as to so much more as is equal to the Costs expended by the defendant in defending this suit, and be perpetual as to the residue.

Upon a motion to dissolve Injunction Issue directed &c.

Fulgham………………………………………………………………………plaintiff against Lightfoot……………………………………………………………………..defendant

Upon a motion made this 18.th day of May in the year of our Lord 1798, by the Counsil for the defendant to dissolve the Injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the defendant in the County Court of Isle of Wight, the Court after hearing counsil in opposition to the motion doth order that another trial of the ~ Issue in the action at common law, upon which the said Judgment was rendered be tried before the district Court of Williamsburg, for which purpose a ~ transcript of the record of proceedings before the said County Court is directed to be transmitted by the Clerk thereof, to the Clerk of the said district Court, as the costs of the present plaintiff: and that the verdict to be found upon such other trial to be certified to this Court.

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Cabell………………………………………………………plaintiff against Cooper &c. ...............................................................................defendant This cause came on, this 21.st day of September in the year of our Lord 1798, to be heard on the bill, answer, exhibits and examinations of witnesses, and was argued by counsil: on consideration whereof the Court doth adjudge, order and decree, that the injunction obtained by the plaintiff to stay execution of a Judgmt recovered against him by the defendants in the district court of Prince Edward be perpetual as to £ 30 admitted by the answer of the defendant James ~ Hendren to have been received by him of the money recovered by the said Judgt and as to the residue of the money so recovered that the bill of the bill of the plaintiff be dismissed, as it is accordingly hereby dismissed, and that he do pay unto the defendants the Costs expended by them in their defence.

Decree making Injunction perpetual in part and dismissing bill as to the residue.

Reins…………………………………………………………………………plaintiff against Nichols and others………………………………………………………….defendants

This cause came on, this 17.th day of September, in the year of our Lord 1798, to be heard on the bill, answers, exhibits, and was argued by counsil; on consideration whereof the court doth adjudge, order and decree, that the injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the Justices of the County Court of King and Queen, in the district court holden at the Courthouse of that County, for the benefit of the defendants, be dissolved except as to two pounds 18[???] the difference between the actual price of the negroe Bett, in the proceedings mentioned and the sum now appearing by the record referred to by the answer of the defendants Falkner and wife to have been formerly credited for her, and be perpetual, as to the said two pounds 18[???] as it is so far ~ accordingly hereby made perpetual.

Decree dissolving injunction as to part and perpetuating the same as to the residue

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Cause heard on transcript of record and certificate of the verdict found ~ pursuant to an order directing an issue. Decree of the county court affirmed and appellant ordered to pay costs.

Crider…………………………………………………………………………………appellant against Barger………………………………………………………………………………….appellee This cause an appeal from a decree of the County Court of Pittsyla in Chancery pronounced the 18.th day of August in the year of our lord 1795, by which the appellee recovered against the appellant £ 44. 13. 7. with costs came on this 20.th day of September 1798 to be heard on a transcript of the record of proceedings before the County Court and on a certificate of the verdict found pursuant to the order of the 10.th day of March last, and was argued by counsil: on consideration whereof this court doth affirm the said decree, and moreover ~ adjudge, order and decree, that the appellant do pay unto the appellee the Costs expended by him in defending the appeal, including the costs in trial directed by this Court of the action at common law.

Order awarding Injunction

Bolling……………………………………………………………………………plaintiff and Bolling and others………………………………………………………………defendants By consent of the parties by their counsil, a writ of injunction is awarded the plaintiff to restrain the defendant Thomas T. Bolling from further proceeding on an Attachment issued on his behalf from the county Court of Dinwiddie against the plaintiff for her contempt in not appearing and rendering to the said County Court an account of her Exxship of the estate of Robert Bolling deceased, until the further order of this Court.

Order awarding writ of Certiorari.

Thomas T. Bolling……………………………………………………………………….plaintiff against Mary Bolling Executrix of Robert Bolling deceased and others……………………….defendants

The Same…………………………………………………………………………………..plaintiff against Mary Bolling..................................................................................................................defendant By consent of the parties by their counsil a writ of Certiorari is

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is awarded the defendants to be directed to the Justices of the County Court of Dinwiddie commanding them to certify the record the record and proceedings in these suits returnable here &c.

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John Dandridge…………………………………………….……………………….plaintiff against John Leprade and others……………………………………………………………..defendants

By consent of the plaintiff and the defendants John Leprade and William Thomson by their counsel, the court, this 13.th day of September, in the year of our lord 1798, doth adjudge, order and decree, that the ~ injunction obtained by the plaintiff, to stay execution of two Judgments recovered against him in the County Court of Henrico, one in the name of the defendant Thomas Harding and the other in the name of the defendant R.A. the benefit whereof is stated in the bill to have been transferred to the defendant W.m Thomson, be perpetual as to the sum of ten pounds 19/8 ¾ being the amount of 1218.00 of Tobacco paid by the plaintiff to the defendant John Leprade, and be dissolved as to the residue of the money and Costs recovered by the said Judgments, and that the defendant John Leprade do pay unto the defendant Wm Thomson the said sum of £10[???] 19[???] 8 ¾ with Interest thereon to be computed after the rate of five per Centum per annum from the month of June in the year 1791 till paid, and do also pay unto the plaintiff and the said defendant Wm Thomson their Costs.

Injunction made perpetual as to £ and deft. A. ordered to pay £ 10.18.8¾ to deft. T.

On the motion of James Bland it is ordered that Peter Rust do pay unto unto the said James Bland 6 dollars and 74 Cents for one days attendance at this Court and in travelling 65 Miles in coming and the same in returning pursuant to the command of the Subpoena ducestecum awarded on the ninth day of March last, in the suit between the said Peter Rust and R. Sanford and other defendants.

Order directing a witness to be paid for his attendance at court.

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Order directing a witness to be paid for his attendance before one of the commissioners of the court.	On the motion of H.C. a witness for Richard Gatewood and A. his wife against R.P. executor of Richard Tunstall the younger and also executor of George Brooke who were executors of Richard Tunstall the elder and others defendants. It is ordered that the said Richard Gatewood and Agness his wife do pay unto the said H.C. four dollars and 64 Cents for one days attendance before mater Commissioner Danscomb and travelling 45 miles in coming and the same in returning.
Order allowing petition of appeal and awarding Supersedeas and a writ of Certiorari	On the motion of J.P. by his counsil, the Court, this fourth day of June, in the year of our Lord 1798, doth allow his petition of appeal from a decree of the County court of Rockbridge in Chancery pronounced in May last, in a suit between Mary Paul, A.P. E.P. J.P. J. Beatty and J. his wife &c. J.W. and M. his wife heirs of John Paul deceased plaintiffs and the said John Paul defendant: and doth award the writs of Supersedeas and Certiorari thereby prayed, on his entering into bond with sufficient security in the Clerks office of this Court in the penalty of £ 20. in two months from this day, with such condition as the law requires
Order reviving suit on the return of the Scire facias executed	Lee exor ………………………………………………………………..plaintiff against Banks and others……………………………………………………….defendants The Subpoena Scire facias awarded in this cause being returned executed on the defendant John Banks, on the motion of the plaintiff by his counsil It is ordered that the suit lately depending in this Court between the said William Lee plaintiff and the present defendants, and the proceedings therein had, stand be revived in the name of the present plaintiff the said Banks having failed to appear and shew cause to the contrary.
Order directing suit to stand revived on the return of the Subpoena executed	Lee……………………………………………………………………………...plaintiff against Muse…………………………………………………………………………..defendant The Subpoena adrovivendum awarded in this cause being returned

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returned executed, on the motion of the plaintiff by his counsel, It is ordered that the suit lately depending in this Court between William Lee plaintiff and the present defendant, and the proceedings therein had stand revived in the name of the present plaintiff, the defendant having failed to appear and shew cause to the contrary.

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Yates &c. ….…………………………………….…………………. plaintiffs against Cunningham and others ………………………………………………defendants

On the motion of the defendants W. Cunningham and company by their counsil, the court, this 25.th day of May, in the year of our Lord 1798, doth order that the effects of the said defendants in the hands of the other defendant W.C. be discharged from the attachment in this cause, upon security being given on behalf of the said defendants W.C and company in the penalty of £2000 with condition to perform the decree of the Court ~ therein; whereupon the said William Cunningham and company filed their answer: and the court doth further order that the plaintiff do deliver to the defendant W.C the agent for the other defendants the bonds mentioned in the exhibit N.o 6. referred to by the Bill.

Order discharging attached effects.

Henry…………………………………………………………………………… plaintiff against M. Craw and others………………………………………………………..defendants On the motion of the defendants by their counsil, the Court this third day of March, in the year of our lord 1798, doth order that if BB, who as the defendants suggest, refuseth to be examined as a witness in this cause, shall after service of this order, still fail to give his testimony, before the commrs, who may be named in the commission for that purpose, that an attachment for such his contempt issue against him; unless he on or before the tenth day of the

Rule for Atta ag.t a witness refusing to be examined before one of the Commissioners of the Court.

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the term next, after he shall have been served with a copy of this order show cause to the contrary.

Order directing Issue.

Flournoy……………………………………………………………………...plaintiff against Meade and others ……………………………………………………………defendants Upon a motion made this 26.th day of May, in the year of our lord 1798, by the counsil for the defendant Richard K. Meade to dissolve the ~ Injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the said defendant Richard K. Meade in the county Court of Henrico, the Court, after hearing counsil in opposition to the motion, doth order that another trial of the Issue in the action at common law upon which the said Judgment was rendered, be had before the said County Court, upon the plaintiffs paying to the said defendant the Costs of the former trial, and that the verdict to be found upon such other trial be certified to this Court.

Order directing proceedings in the nature of a writ of enquiry to be had if the deft refuse to join the issue directed by the former order.

Daniel…………………………………………………………………………………plaintiff against Ross …………………………………………………………………………………..defendant

On the motion of the plaintiff by his counsil the court, this 16th day of may in the year of our lord 1798, doth order if the defendant shall refuse or fail to join in the issue directed by the order made in this cause, on the second day of June 1796, to be made up between the parties before the ~ County Court of Berkley, that a proceeding in the nature of a writ of enquiry, after judgment by default, be had before the said County Court, to ascertain the value of the land in the said order mentioned and that the verdict thereupon be certified to this Court.

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Wilkins………………………………………………………………..……. plaintiff against Jarvis ……………………………………………………………….……….defendant This cause came on this 24th day of May, in the year of our Lord 1798, to be heard on the bill, answer, exhibits and examinations of witnesses, and was argued by counsil; on consideration whereof, the court, doth order that the plaintiff do render an account of his administration of the goods, chattels and credits of his father and testator John Wilkins, before one of the commissioners of the court, to be by him examined, stated, settled and to the Court reported, with any matters specially stated thought pertinent by himself or required by the parties to be so stated.	Order directing account of admon
Medearis……………………………………………………………….. plaintiff against Harfield and others……………………………………………………defendants Upon a motion made this 21.st day of May, in the year of our lord 1798, by the counsil for the defendants to dissolve the injunction awarded the plaintiff to stay execution of a Judgment recovered against him by the defendant M. Harfield in the County Court of New Kent. the Court, after hearing counsil in opposition to the motion, doth refer the accounts between the plaintiff and the said defendant M. H. to one of its commissioners, to be by him examined, stated, settled and to the Court reported, with any matters specially stated thought pertinent by or required by the parties to be stated.	Order directing account on motion to dissolve Inj.n
Noland…………………………………………………………………………plaintiff against Cromwell…………………………………………………………………..…defendant On the motion of the plaintiff by his counsil, the Court, this eighth	Order restoring property recovered.

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---	eighth day of June, in the year of our Lord, one thousand seven hundred and ninety eight, doth order that the defendant restore to the plaintiff possession of the land, which, she had recovered from him by a Judgment of the Winchester district Court, from proceeding to execute which Judgment she was injoined by this Court.
Order taking bill for confessed in case of absentees and decree for conveyance.	James Swann………………………………………….…………………..plaintiff against Henry Banks and others…………………………………………………..defendants The defendants, who are out of this country, and against whom the plaintiff appears to have proceeded in the mode prescribed by law, in such cases, not having entered their appearances, and given security to perform the decree, the Court, this sixth day of June in the year of our lord 1798, upon the motion of the plaintiff by his counsil doth take his bill for confessed, and adjudge, order and decree, that the defendant Henry Banks do convey to the plaintiff at his Costs the 35,000 acres of land lying in the county of Monongalia mentioned in the bill to have been conveyed by him to the defendant Richard Smyth and by the defendant Richard Smyth conveyed to the defendant David Allison, and by the said Allison to the plaintiff with warranty as well against himself and all persons claiming by, from, or under him, as against all his creditors and all purchasers of the said land subsequent to the conveyance thereof by him to the defendant Richard Smyth, and that the said defendant Henry Banks do pay unto the plaintiff the Costs by him expended in the prosecution of this suit.
Order requiring the defendants to shew cause why the plt should not have the benefit of Inj.n without giving security.	Mandeville………………..…………………………………..…plaintiff against Sutton and others……………………………………………..…defendants On the motion of the plaintiff by his counsil, the Court, this tenth day of June in the year of our lord 1798, doth order that the defendant John

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John Sutton do on the first day of the next term, being served with a copy of this order ten days previous thereto, shew cause, if any he can, why the plaintiff shall not have the benefit of the injunction awarded him on the third day of August last, without giving security.	---
Kelley and wife………………………………………………….…plaintiffs against Godfrey…………………………………………………………….…defendant This cause, which abates as to the plaintiff G. Kelly by his death, came on, this 24th day of May, in the year of our lord 1799, to be heard on the bill, answer, exhibits and examinations of witnesses and was argued by counsil: on consideration whereof the court doth adjudge, order and decree, if the defendant shall not, on or before the 24th day of August next seal, and to the plaintiff Katy deliver: a sufficient release to her of all his right and title in and to the land whereof his father M. Godfrey is mentioned in the bill, to have been seized when he died, which release is to be certified to this Court, that partition as well of that as of the other land which he had conveyed to the defendant be made between the parties; and that of each tract one moiety be allotted to the plaintiff Katy, and the other to the defendant and Benjamin Pollard, S. Coleman and W.m Ingram, of whom any two may act, are appointed commissioners for ministering in the partition and allotments and are required to report their proceedings to the Court.	Order directing partition if the deft shall fail to perform certain stipulations.
Irving……………………………………………………………………plaintiff against Moore and others…………………………………………….…defendants The defendants, who are out of this country and against whom the plaintiff appears to have proceeded in the mode prescribed by law, in such cases, not having entered their appearance, and given security to perform the decree	Order directing absentees land to be allotted and assigned by comrs to plts: who have proceeded in the mode prescribed by law in such cases.

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decree, the Court, this sixth day of March, in the year of our lord 1800, upon the motion of the plaintiff by his counsil, doth take his bill for confessed, and adjudge, order and decree, that one equal sixth part of the 60,000 acres of land mentioned in the bill and appearing by the exhibits to have been granted to the defendants by patents under Seals of the Commonwealth be allotted and ~ assigned to the plaintiff to be holden by him and his heirs in severalty in fee simple and JP. W.P. and W.T. or any two of them are appointed Commm.rs for making the said allotment, and are required to report their proceedings to the Court in order to a final decree.

Order directing Issue respecting a will.

O. Anderson and others………………………………………….…plaintiffs against E. Anderson and wife &c. …………………………..……………defendants This cause came on, the third day of June, in the year of our lord 1799, to be heard on the bill, answers, exhibits and examinations of witnesses, and was argued by counsil: on consideration whereof the court doth order, that a Jury to be impanelled before the County Court of Sussex, and in due form charged, to enquire whether William Oliver did publish and declare, any testament and last will, if this be found affirmatively, do rehearse the words of the testator, where they are distinctly remembered by the witness or witnesses, or if they be so not remembered, recite the purport of them, and enquire whether the paper, on which such testament and last will had been written, was destroyed by the testator, or by his direction, or whether such testament and last will was otherwise revoked by the testator, and that the Verdict, to be rendered on trial of these Issues to be certified to this Court.

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Smith…………………………………………………………………..…appellant and Williamson…………………………………………………………….…appellee The errors stated by the appellant in his petition of appeal being admitted, by the counsil for the appellee to exist, the court this 18.th day of may, in the year of our lord one thousand seven hundred and ninety nine doth adjudge, order and decree, that the decree of the County Court of King William pronounced in this cause on the 26.th day of June 1798 be reversed, as it is accordingly hereby reversed, and that the appellee do pay unto the appellant the Costs by him expended in the prosecution of his appeal and this Court retaining the cause to be further prosecuted in, doth give leave to the appellee to answer the supplemental bill, whereupon he filed his answer, to which the plaintiff replied generally and commissions are awarded the parties to examine and take the depositions of their witnesses.	Errors stated in the petition admitted. decree reversed cause retained. Supe bill and answer and Gene Rep &c. Com.
A Whitlock &c.…………………………………………………….plaintiff and T. Whitlock…………………………………….…………………….defendant On the motion of the defendant by his counsil and for good cause shewn a writ of Certiorari is awarded him to be directed to the Justices of the County of Wythe commanding them to certify the record and proceedings in this cause, returnable, here on the defendants entering into bond with sufficient security in the Clerks Office of this Court, in the penalty of one hundred dollars with such condition as the law requires.	Order awarding Certiorari on Sec.y being given
Richeson……………………………………………………………plaintiff against Burke……………………………………………………………..defendant The demurrer put in to the bill of the plaintiff by the defendant, was, this 13.th day of March, in the year of our lord one thousand seven hundred and ninety nine, argued by counsil and overruled by the court; and therefore the court doth order the defendant to answer the said bill, and to pay the plt. the costs occasioned by the demurrer.	Order overruling demurrer and the defendant Ordered to answer.

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Order setting aside decree and recommitting report. the deft. ordered to deliver books and papers and the suit not to abate by the death of either party.	Walker…………………………………………………..…plaintiff against Snickers &c. .....................................................................defendant On the motion of the defendant by his counsil the court, this sixth day of september, in the year of our lord one thousand seven hundred and ninety nine, for reasons now appearing, setting aside the decree pronounced in this cause on the 25.th day of May last, and recommitting to master commissioner Maury the report by him made in pursuance of the orders of the eleventh day of March 1797, and the second day of June in the last year, for him to reconsider and report thereupon, and doth order that the defendant do on oath deliver to the said commissioner at such time as he shall appoint for the reinvestigation of the subject matter of reference, all the books and papers in his possession which may in any manner relate thereto: and by consent of the parties by their counsil this suit is not to abate by the death of either
Order suspending execution of decree and recommitting Report.	Ogilby………………………………………………………….plaintiff against Gay……………………………………………………………..defendant On the motion of the defendant by his counsil, and for reasons ~ appearing to the court, execution of the decree pronounced in this cause on the 27.th day of may last is suspended until the further order of the Court, and the court doth recommit to master commissioner Rose the reports by him made ~ pursuant to the order of the 14.th day of September, one thousand seven hundred and ninety five, for him to reconsider and report thereupon.
Atta: and Spa to revive executed no cause shewn to the contrary Bill taken for confessed.	Craig administrator………………………………………………..plaintiff against Faris………………………………………………………………..defendant The defendant, upon whom an Attachment for his contempt in not ~ answering the original bill in this cause hath been returned executed, and upon whom a subpoena ad revivendum hath been duly served, failing to appear and answer the said

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said Bill, or to shew cause against its revival, the court this 25.th day of May in the year of our lord 1798, on the motion of the plaintiff by his counsil, doth take his bill for confessed, and will procede at a future day to decree the matter thereof, unless the said defendant on or before the tenth day of the term next, after he shall have been served with a copy of this order shew cause to the contrary.	---
Fleet &c. ..........................................................…plaintiff against M Donald and others……………………………….defendants This cause, by consent of parties, came on, this 18.th day of March, in the year of our lord, 1799, to be heard on the bill, answer of the defendant J.G, sundry exhibits and the examinations of witnesses, and was argued by counsil: on consideration whereof, the court doth order that another trial of the Issue in the action at common law, upon which the judgment sought to be injoined was rendered, be had before the district Court of King and Queen, and the Verdict thereupon be certified to this Court: and this ~ court doth give leave to the plaintiffs to amend their plea to the declaration in the said action.	Order directing another trial of the Issue and leave given to amend the plea to the declaration.
Reynolds……………………………………………………plaintiff against Savage and others…………………………………………..defendants This cause, by consent of parties, came on, this seventh day of May, in the year of our lord one thousand seven hundred and ninety nine, to be heard on the bill, answer and the deed of trust and last will and testament of the said William Reynolds, and was argued by counsil: on consideration whereof the court doth appoint the said William Savage and J.C. the younger, who, or in case of disagreement, their umpire chosen by themselves, shall allot to the plaintiff her dower in all the lands of the said William Reynolds deceased in	Order appointing commissioners to allot dower.

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---	in Virginia of which she is intitled to dower; and instead of dividing all the tracts of the said land, or any of them into the partition, due for dower, they shall be at liberty to allot her said dower in some one tract in Virginia, and to report their proceedings in the premises to the Court.
Order on motion to dissolve Issue directed, and leave given the deft. to give evidence of discounts	Robertson and others…………………………………..plaintiffs against Campbell and others…………………………………….defendants Upon a motion made this 16.th day of March, in the year of our lord one thousand seven hundred and ninety nine, by the counsil for the defendants to dissolve the injunction obtained by the plaintiffs to stay execution of the judgment in the bill mentioned, the court after hearing ~ counsil in opposition to the motion, and denying the same, doth, with the consent of the parties, order that another trial of the Issue joined between the parties in the action at common law, in the proceedings mentioned, be had, on which trial the plaintiff W.B may give evidence of discounts prior to the signature of the note on which the judgment against him was rendered, and that the verdict to be found upon such trial be certified to this Court.
Order directing suit to stand revived unless deft. shew cause to the ~ contrary after being served with a copy of this order the Sub: sci fac having been duly served.	Semple and others………………………………………..plaintiffs against Kealines administrator…………………………………..defendants The Subpoena Scire facias awarded in this cause being returned duly served, and the defendant failing to appear, on the motion of the plts by their counsil, It is ordered unless the defendant on or before the tenth day of the term next, after he shall have been served with a copy of this order shew cause to the contrary, that the decree pronounced on the 26.th day of may 1795 in a suit then depending in this court between the present plaintiffs and John Halley Norton and George F. Norton surviving partners of John Norton

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Norton and sons defendants, stand and be revived; and that the present defendant out of the goods chattels and credits in his hands to be admtred of the said John H. Norton, do pay unto the plaintiffs the money and costs recovered by the said decree together with the costs by them expended in suing forth and prosecuting the said subpoena scire facias.	---
Meredith……………………………………………………..plaintiff against Johns and others……………………………………….…….defendants On the motion of the plaintiff by his counsil, the court, this fifth day of June, in the year of our one thousand seven hundred and ninety nine, for reasons now appearing, doth order that the new trial directed by an order made in this cause on the 18.th day of Sept.r 1794, to be had before the district Court of Prince Edward, and in which no verdict has been found, be tried before the district court of Richmond, for which purpose a transcript of the record of proceedings before the former Court is directed to be transmitted by the Clerk thereof, to the Clerk of the latter, at the Costs of the present plaintiff and that the verdict to be found on such trial be certified to this court.	Order changing venue, and directing a transcript of the record to be transmitted to that Court
Graham…………………………………………………………..plaintiff and Lash………………………….…………………………………..defendant This cause came on, the 21.st day of May, in the year of our lord one thousand seven hundred and ninety nine, to be heard on the bill, answer, exhibits and examinations of witnesses, and was argued by counsil: on consideration whereof the court doth order that another trial of the Issue in the action at common law, upon which the Judgment sought to be injoined was rendered, be had before the district court of Dumfries and the Verdict thereupon be certified to this Court.	Order directing another trial of the Issue before another Court.

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Order suspending the execution of a decree discharged.

Ronald and others………………………..………………………..plaintiffs against Lyle and others……………………………………………………defendants On the motion of the defendant James Lyle by his counsil, the court, this 13.th day of March, in the year our lord one thousand seven hundred and ninety nine, seeing no cause for further suspending execution of the decrees pronounced on the 21.st day of september, in the year one thousand seven hundred and ninety five, and the 25.th day of May, in the last year, in the suit between James Lyle plaintiff and Peter Stoner, William Bentley administrator of William Ronald deceased, and the present plaintiffs, defendants, doth discharge the order in this suit for that purpose on the seventeenth day of June last.

Order taking bill for confessed vs absentees and directing account.

Charles Conner…………………………………………………….plaintiff against John Likeley and James Wardrop…………………….…...………defendants The defendant John Likeley, who is out of this country, and against whom the plaintiff appears to have proceeded in the mode prescribed by law in such cases, not having entered his appearance and given security to perform the decree, the court, this 18.th day of May, in year of our Lord 1799, upon the motion of the plaintiff by his counsil, doth take his bill for confessed as to that defendant, and refer the accounts between the plaintiff and the said defendant, and between the said defendant and the defendant John Wardrop against whom the bill heretofore has been taken for confessed, to master commissioner Rose, to be by him examined, stated, settled and to the court reported with any matters specially stated thought pertinent by ~ himself or required by the parties to be so stated.

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Dormoy……………………………………………………………….plaintiff against Lee &c. ..............................................................................................defendants On a motion made this 15.th day of May in the year of our lord one thousand seven hundred and ninety nine, by the counsil for the defendant to dissolve the injunction awarded the plaintiff on the 15.th day of October, one thousand seven hundred and ninety three, the court doth discharge the condition which suspended the effect of the order made in this cause, before its abatement, of the 8.th day of March, one thousand seven hundred and ninety four, so that the dissolution of that day is now absolute.	Order discharging suspention of the Execution of a decree upon certain conditions.
Gordon………………………………………………………………..plaintiff against Nutt…………………………….……………………………………..defendant This cause came on, this 15.th day of May, in the year of our lord one thousand seven hundred and ninety nine, to be heard on the bill &c. answer and the proceedings to which they refer, and the court after hearing counsil, discovering no error in the decree reviewed, doth affirm the same, and adjudge, order and decree, that the bill of the plaintiff be dismissed, as it is accordingly hereby dismissed, and that he do pay unto the defendant the costs expended by him in his defence.	Decree reviewed afterwards affirmed and bill dismissed.
Sugett and others…………………………………………………plaintiffs against Robertson and others…………………………………………..defendants This cause, by consent of parties, came on, the twenty ninth day of September, in the final year of the eighteenth century since the christian aera, to be heard on the bill and answer of the defendant C.R. and was argued by counsil: on consideration whereof the court being of opinion that all the grand children of the intestate M.H. who were living at the time of	Order directing division of estates and accounts of administration.

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of her death are intitled to equal portions of her slaves and personal estate, doth adjudge and decree, that the same be divided and allotted among the parties so intitled accordingly, and that the defendant C.R. do render an account of his administration of the goods chattels and credits of the said M.H before Edward L. Tabb A. S. &c. commissioners as well for that purpose appointed as for the purpose of making the said division and allotment; and the said ~ commissioners, any two of whom may act, are empowered to proceed in the business submitted to them, in the absence of either party, who having reasonable notice of their primary appointment or adjournments shall fail to attend them, and are required to report the whole matter to the court, with any matters specially stated thought pertinent by themselves or required by the parties to be so stated. &c.

Decree against an absent defendant and division of land Ordered.

Kirkham and others…………………………………………….…….plaintiffs against Beall administrator &c. …………………………………………….defendants The defendant P.B., who is out of this country, and against whom the plaintiffs appear to have proceeded in the mode prescribed law, in such cases, not having entered his appearance, and given security to perform the decree, the court, this 19.th day of September, in the final year of the eighteenth century since the christian aera, upon the motion of the plaintiffs by their counsil doth take their bill for confessed as to that defendant, and adjudge and decree with the consent of the plaintiffs, that the tract of land lying in the county of ~ Richmond mentioned in the bill to have been purchased by Vincent Brown of H.C. and claimed by the defendant P.B. as heir as heir at law of the said V.B. be divided into four equal parts, and that of these parts one be allotted and assigned to each of the plaintiffs E.K. S.B and H. Brown, and another to the defendant P.B. and E.L. T.S. G.M. &c. of whom any two may act, are ~ appointed

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appointed commissioners for making the said division and allotment and are required to report their proceedings to the Court; and the bill is dismissed as to the defendant P.B. against whom the plaintiffs no further prosecute for a settlement of his administration of the estate of his intestate Vincent Brown deceased.	---
Gregorie…………………………………………………………………plaintiff against Glasscook &c. ……………………………..…………………………..defendants The Subpoena ad revivendum awarded in this cause, being returned executed on the defendant C.G and she failing to appear and answer or to shew cause against the revival, and it appearing to the Court that previous to the abatement, an attachment against G.G. for his contempt in not answering, had been duly executed, the Court this 7.th day of March 1801, upon the motion of the plaintiff by his counsil doth take his bill for confessed as to that defendant, and will proceed at a future day to decree the matter thereof, unless the said defendant, on or before the tenth day of the term next, after she shall have been served with a copy of this order shew cause to the contrary.	Spa to revive returned executed and bill taken for confessed where the atta: had been executed before the ~ abatement.
A.B. &c. Company……………………………………………………….. plaintiffs against C.D and E.F………………………………………………………………….defendants On the motion of E.F. by his counsil, the court this tenth day of May, in the year of our lord 1799, doth order that the effects of the deft C.D in the hands of the said E.F. be discharged from the Attachment issued in this suit, on security being given on behalf of the said C.D. in the penalty of one hundred pounds with condition to perform the decree of the Court therein.	Order discharging attached affects on Securities being given on behalf of the absentees to perform the future decree of the Court.

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Order giving leave to file a bill of interpleader and appointing a receiver	On the motion of the plaintiffs by their counsil leave is given them to file a bill of interpleader whereupon they filed the same accordingly, and the court doth appoint J.K. receiver of the rent due, and to become due, for the land in the bill mentioned, subject to the future order of the Court, and doth order that the defendants do cease from proceeding to recover from the plaintiffs the said rents till the further order of this court.
Order directing partition and giving leave to make other parties.	A.B………………………………………………………………………..plaintiff against C.D. and E.F…………………………………………………………….defendant By consent of the plaintiff and of the defendants by their respective Counsil, It is Ordered that M.N. be appointed commissioner to lay of the lands in the bill mentioned into four parts, having regard to quantity and quality; and to report such their partition to the court: that the plaintiff be at liberty to make all other persons, who may from time to time be discovered to be interested in the said lands, parties to the suit, in order that the said report may be then discussed, and decided on; and that for the expenses attending the said partition the said lands shall be liable.
Order taking bill for confessed and directing account of administration.	A.B………………………………………………………………..plaintiff against C.D. and E.F his wife administratrix of G.H. who was administrator of J.K. and others…………………………...…….....defendants The defendants, upon whom attachments for their contempt in not answering the bill of the plaintiff have been returned executed still failing to

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to answer the same, the court, the 20.th day of September, in the year of our lord one thousand seven hundred and ninety nine, upon the motion of the plaintiff by his counsil, doth take his bill for confessed, and will procede at a future day to decree the matter thereof, unless the said defendants on or before the tenth day of the term next after they shall have been served with a copy of this order shew cause to the contrary: and in the meantime the Court doth order that the defendants C.D. and wife do render an, account of the administration of the estate of G.H deceased, as well by the said E.F admx before her intermarriage with the said C.D., as by the said C.D. and E.F since their intermarriage: and that the other defts do also render an account of their administration of the estate of their ~ testator before one of the commissioners of the Court, who is directed to examine, state and settle the same accounts and make report thereof to the court, with any matters specially stated thought pertinent by himself or required by the parties to be so stated.

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A.B.…………………………………………………………………….. plaintiff against C.D…………………………………………………………………..…defendant On the motion of the plaintiff by his counsil, the court, this 20.th day of September, in the year of our lord one thousand eight hundred, doth order that E.F. late deputy sheriff of the county of Hanover, do pay unto the plaintiff £30 acknowledged to have been received by him of the intestate of the plaintiff in discharge of a replevy bond given by the said intestate, in consequence of an execution sued out of the Clerks Office of the county Court of F. on a judgment obtained against him in the said Court by the defendant; from proceeding on which replevy bond they were injoined by this court.

Order awarding injunction after part of the money had been received.

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Order overruling Demurrer, deft ordered to answer and the cause sent to the rules.	A. B. C………………………………………………………………..plaintiff against D.E.F………………………………………………………………….defendant The Demurrer put in by the defendants to the bill of the plts came on this 20.th day of September in the year of our lord 1800, to be argued, and being argued accordingly, the court, on consideration thereof, overruling the demurrer, doth order that the defendants do answer the bill of the plaintiffs, and pay unto them the costs occasioned by the demurrer, and the cause is sent to the rules to be there further proceeded in.
Order Overruling Exceptions and confirming the Report	A.B……………………………………………………………………..plaintiff against C.D.E…………………………………………………………………..defendants This cause came on, this 20.th day of May in the year of our lord one thousand seven hundred and ninety nine, to be heard on the bill, answer, exhibits, examinations of witnesses and report of the commissioner pursuant to the order of 10.th day of March last, with exceptions to the said said report by the plaintiff and was argued by counsil: on consideration whereof the court, disallowing the said exceptions, and confirming the report, doth adjudge, order and decree, that the defendant do pay thirty ~ pounds appearing by the said report to be due from him to the plt and the costs expended by him in prosecuting this suit.
Decree dismissing plts bill with costs.	A.B………………………………………………………………………plaintiff against C.D.E……………………………………………………………………defendants This cause came on, the 22.d of May, in the year of our lord 1800, to be heard on the bill, answers, exhibits and examinations of witnesses, and

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and was argued by counsil: on consideration whereof, the Court doth adjudge, order and decree, that the bill of the plaintiff be dismissed as it is accordingly hereby dismissed, and that he do pay unto the defendants the costs by them expended about their defence.	---
A. B………………………………………………………………….…plaintiff against C.D. and E.F…………………………………………….……………defendants This cause, which abated as to the deft E.F. by his death, came on this 22.d day of May, in the year of our lord one thousand eight hundred, to be heard on the bill, answers, and examinations of witnesses, and was argued by counsil: on consideration whereof, the matters of equity stated in the bill, being denied by the answers, and not supported by the testimony, the court doth adjudge, order and decree, that the injunction obtained by the plaintiff to stay execution of a judgment ~ recovered against him and the said E.F by the deft C.D. in the county court of Augusta stand and be perpetual as to so much acknowledged by the said defendant to have been paid to him the 10.th day of april 1798 before which period the bill of the plaintiff was exhibited and filed, with interest upon such payment: that the bill be dismissed for the residue of the plaintiffs demand, and that he do pay unto the said deft C.D. the costs by him about his defence expended.	Cause abated as to the deft E.F. heard as to the other deft. Injunction made perpetual in part and bill dismissed as to the residue.
A. B. ……………………………………plaintiff against C.D. one of the executors of EF. deceased and G.H. defendants Upon a bond taken for the forthcoming of property at the day of sale upon an execution sued out of this court by the plt against the goods and chattels of E.F. in hands C.D. his exor as aforesaid This day came the plaintiff by his counsil and it appearing by ~ the	Decree upon a forthcoming Bond.

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---	the affidavit of J.T. that the defendants have had legal notice of this motion, they were solemnly called but came not: therefore It is decreed and ordered that the defendants do pay unto the plaintiff fifty four pounds the penalty of the said bond, and his costs by him in this behalf expended: But this decree is to be discharged by the payment of twenty seven pounds with interest thereon to be computed after the rate of six per Centum per annum from the 12.th day of June 1802 till payment and the Costs.
Order setting aside dismission at the Rules.	A.B…………………………………………………………………….plaintiff against C.D. ……………………………………………..……………………defendant On the motion of the plaintiff by his counsil, and for reasons appearing to the court, it is Ordered that the rule for dismissing this suit in the office to be set aside, and that the cause be again placed on the rule docket, to be there further proceeded in.
Order dismissing appeal for want of jurisdiction.	H.T. ………………………………………………..………………….appellant against C.S. ………………………………………………………………..…appellee The Court this 22.d day of May, in the year of our lord one thousand eight hundred, perceiving from a transcript of the decree pronounced in this cause, by the County Court of Prince William, in chancery, the 12.th day of June in the year 1798, that it hath no ~ jurisdiction of the appeal prayed from the said decree, doth order that the said appeal be dismissed, and that the appellant do pay unto the appellee the costs expended by him on this occasion.

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Anderson………………………………………………………….plaintiffs against Francisco………………………………………………………….defendant This cause an appeal from a decree of the county Court of Essex in chancery pronounced the fifth day of May, in the year 1799, and wherein the transcript of proceedings had not been sent up by the appellant, but was produced by the appellee, on the motion of the appellee by his counsil, neither the other party, nor any counsil for him appearing, the court, this 23.d day of May, in the year of our lord 1801, doth order that the appeal be dismissed, and that the appellant do pay unto the appellee the Costs expended by him in procuring the said transcript as well as the costs of this order.	Order dismissing appeal, the record being brought up by the appellee.
Banks………………………………………………………………...plaintiff against Anderson………………..…………………………………………..defendant The defendant having filed his answer to the bill of the plt. the Court, this 24.th day of May, in the year of our lord 1801, doth set aside the order of the sixth day of March last taking the bill for confessed against him.	Order rescinding Order taking bill for confessed.
W.B. …………………………………………………………….…plaintiff against R.G. ………………………………………………………………..defendant The defendant not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the Court that he is not an inhabitant of this country; on the motion of the plaintiff by his counsil, It is ordered that the said deft do appear here on the first day of the next term and answer the bill of the plt. and that a copy of this order be forthwith inserted in some news paper of the City of Richmond for two months successively and pasted at the front door of the ~ Capitol in the said City.	Order for publication.

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Order dissolving Injunction.	N.C. …………………………………………………………………...plaintiff against L.C. …………………………………………………………………..defendant The material allegations of the bill which are denied by the answer, not being proved, the court, this 25.th day September, in the year of our lord one thousand seven hundred and ninety nine, on the motion of the defendant by his counsil, doth order that the injunction obtained by the plaintiff to stay execution of a judgment recovered against him by the defendant in the County Court of Wythe be dissolved as it is accordingly hereby dissolved.
Order dissolving Injunction.	G.R. …………………………..………………………………….......plaintiff against J.D. …………………………………………………………………..defendant The matters of equity alledged in the bill, which are denied by the answer, not being proved, the court, this 26.th day of September in the year of our lord 1802, on the motion of the defendant by his counsil, doth order that the Injunction awarded the plaintiff to stay execution of a Judgment recovered agnt him by the defendant in the in the County Court of Fluvanna be dissolved as it is accordingly hereby dissolved.
Decree for partition and report to be made.	A.B. C.D. W.Z. and E.K. ………………………….......................................plaintiffs and E.G. and H.J. and K.M. and S.M. representatives of G.G. ….......................defendants This cause came on this 27.th day of September, in the year of our lord 1802, to be heard on the bill answers and exhibits, and was argued by counsil: on consideration whereof, It is decreed and ordered that partition be made between the parties of the tract of land in the bill mentioned, lying in the dismal swamp in N[illegible] County and containing 12.396 acres, that is to say, that the said land be divided into four equal parts, respect being had to the true value of the whole, and that one fourth part be allotted and assigned to each of the said

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said parties to AB and CD. one fourth, WZ one fourth, EK. one fourth, and to the representatives of G.G. the other fourth, part, to be held in severalty to them and their heirs and assigns, and that a commission be directed to G.K. J.P. and J.W. Gentleman, or any two of them to make the said partition, ~ which is to be returned to the Court in order to a final decree, and the ~ surveyor of the said County is to assist the Commissioners in making the said partition.	---
W.L. …………………………..……………………............................plaintiff against T.E. …………………………………………………………………...defendant The defendant, upon whom an attachment for his contempt, in not answering the bill of the plaintiff hath been returned executed, still failing to answer the same, the court, this 27.th day of September, in the year of our lord 1802, upon the motion of the plaintiff by his counsil doth take his bill for confessed, and will proceed at a future day to decree the matter thereof, unless the said defendant on or before the tenth day of the term next after he shall have been served with a copy of this order shew cause to the contrary.	Order taking Bill for confessed.
A.B. …………………………………………………………………..plaintiff against C.D. ………………..………………………………………………..defendant This cause came on, the 29.th day of September, in the year of our lord 1802, to be finally heard on the papers formerly read, and the report of master commissioner Dunscomb pursuant to the order of the 12.th of May 1799, and was argued by counsil, on consideration whereof the court confirming the said report, to which no exception was taken, doth adjudge, order and decree, that the plaintiff out of the goods, chattels and credits in his hands to be administered of his testator do pay into the defendant	Decree confirming Report and a sum of money decreed to be paid.

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References

↑ "Legal form book of Peter Tinsley, clerk of the High Court of Chancery," George Wythe Papers, Special Collections Research Center, Swem Library, College of William and Mary.
↑ Maya Jasanoff, "What Happened To British Loyalists After The Revolutionary War?" interviewed by Rachel Martin, NPR, July 3, 2015. http://www.npr.org/2015/07/03/419824333/what-happened-to-british-loyalists-after-the-revolutionary-war.
↑ Maya Jasanoff, "What Happened To British Loyalists After The Revolutionary War?" interviewed by Rachel Martin, NPR, July 3, 2015. http://www.npr.org/2015/07/03/419824333/what-happened-to-british-loyalists-after-the-revolutionary-war.
↑ "Fieri Facias," Cornell Law School LII Wex, accessed October 27, 2017, https://www.law.cornell.edu/wex/fieri_facias.
↑ "Scire Facias," Collins English Dictionary, accessed October 27, 2017, https://www.collinsdictionary.com/dictionary/english/scire-facias
↑ Richard G. Suhan and Sean P. Costello, The Appeal Bond—What It Is, How It Works, and Why It Needs to Be Factored Into Your Litigation Strategy (Jones Day, accessed October 27, 2017) http://www.jonesday.com/files/Publication/983c1326-51c1-4ebc-9e6e-001ef4268418/Presentation/PublicationAttachment/daa0a1a0-c224-4cde-a744-64d80a235d12/Spring_2008_The_Appeal_Bond.pdf.

External links

Read this book in the Digital Archive, Special Collections Research Center, Swem Library, College of William and Mary.

[1] "Legal form book of Peter Tinsley, clerk of the High Court of Chancery," George Wythe Papers, Special Collections Research Center, Swem Library, College of William and Mary.

[2] Maya Jasanoff, "What Happened To British Loyalists After The Revolutionary War?" interviewed by Rachel Martin, NPR, July 3, 2015. http://www.npr.org/2015/07/03/419824333/what-happened-to-british-loyalists-after-the-revolutionary-war.

[3] Maya Jasanoff, "What Happened To British Loyalists After The Revolutionary War?" interviewed by Rachel Martin, NPR, July 3, 2015. http://www.npr.org/2015/07/03/419824333/what-happened-to-british-loyalists-after-the-revolutionary-war.

[4] "Fieri Facias," Cornell Law School LII Wex, accessed October 27, 2017, https://www.law.cornell.edu/wex/fieri_facias.

[5] "Scire Facias," Collins English Dictionary, accessed October 27, 2017, https://www.collinsdictionary.com/dictionary/english/scire-facias

[6] Richard G. Suhan and Sean P. Costello, The Appeal Bond—What It Is, How It Works, and Why It Needs to Be Factored Into Your Litigation Strategy (Jones Day, accessed October 27, 2017) http://www.jonesday.com/files/Publication/983c1326-51c1-4ebc-9e6e-001ef4268418/Presentation/PublicationAttachment/daa0a1a0-c224-4cde-a744-64d80a235d12/Spring_2008_The_Appeal_Bond.pdf.

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Legal Form Book of Peter Tinsley, Clerk of the High Court of Chancery

Tinsley form book summary

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