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, referred to as Tinsley's "form book"^[1], 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 asks 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 were for overruling demurrers, which would be used when the court decided that there was a legal basis for relief. 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. 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." ^[2] These forms may indicate that George Wythe heard cases where British Loyalists lost their land by default. Some forms in the second section contain unfamiliar terms like "fieri facias," 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." ^[3] 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."^[4]
Certificates (pages 51-52): This section contains three forms, two for dismissing a case and 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 the law firm Jones Day, a "supersedeas bond" is "the bond a losing defendant must pay to secure its right to appeal and stay the judgment." ^[5] Other forms in this section are used to bring someone before the court, several forms labelled with the previously-mentioned term "Scire facias." These forms are also directed to the sheriff, and most 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, apparently 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 common 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, "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 states 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. 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, c. 1803

Page 1

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 17.^th 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 10.^th Day of June 1802, and in the 26.^th 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 obt.^a by assignees

Page 2

Injunction to a Judg^t. 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 Judg^t. 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 Judg^t. 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 Judg^t. until &c. P.T. C,C ____________
Injunction to a Judg^t. on a forthcoming bond which Judg^t. was affirmed on an appeal to the D^t. C^t. 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

Page 3

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

P.T. C,C

____________

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.

P.T. C,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 Judg^t. and to a bond given in virtue of an exon sued out on the said Judgm.^t

Page 4

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

Page 5

until the further order of this Court. P.T. C,C ____________
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. & C^o. 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 Judg^t. 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

Page 6

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 Judg^t. 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 T

one

Page 7

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 22^d 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.

Mem^o. 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.

Page 8

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 Judg^t. 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

Page 9

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.

Page 10

[Blank]

Page 11

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.

Page 12

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

Page 13

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.

____________

Overton Cosby and other . . . . . . . . . . . . . . . . . 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.

Page 14

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 29^th 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 W^msburg, 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 . . . . . . . . . . . . . . . . . . . plaintiffs
against }
Herbert and others . . . . . . . . defendant
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.

Page 16

of Henrico in Chancery pronounced the 5.^th 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

Page 17

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

____________

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

Page 18

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.

____________

Page 19

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 Judgm^t 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 Judg^t 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

Page 20

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 . . . . . . . . defendants
By consent of the parties by their counsil a writ of Certiorari

is

Page 21

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.

____________

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 W^m 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.

Page 22

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

Page 23

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.

____________

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.

Page 24

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 16^th 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.

____________

Page 25

Wilkins . . . . . . . . . . . . . . . . plaintiff
against }
Jarvis . . . . . . . . . defendant
This cause came on this 24^th 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.

Page 26

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

Page 27

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 24^th 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 24^th day of August next Page 81, 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.

Page 28

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.

____________

Page 29

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.

Page 30

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

Page 31

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.

Page 32

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

Page 33

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.

Page 34

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.

____________

Page 35

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.

Page 36

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.

____________

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

Page 37

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.

Page 38

Order giving leave to file a bill of interpleader and appointing a receiver

A.B. and D.D. . . . . . . . . . . . plaintiffs
against }
E.F. and G.H. . . . . . . . . . . defendants
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 . . . . . . . . . . defendants
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

Page 39

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.

____________

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.

Page 40

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

Page 41

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.

Page 42

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.

____________

Page 43

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.

Page 44

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 agn^t 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

Page 45

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.

Page 46

	defendant the sum of £223. 13. C with Interest therein to be computed after the rate of six per Centum per annum from the 17.^th day of June, in the year one thousand eight hundred and one. ____________
Order awarding Certiorari.	A.B. . . . . . . . . . . . plaintiff against } C.D. . . . . . . . . . defendant Upon an appeal from a decree of the county Court of Patrick in Chancery, pronounced the 17.^th day of May 1801. On the motion of the appellant by his counsil a writ of Certiorari is awarded him, to be directed to the Justices of the said County Court commanding them to certify a complete transcript of the record and proceedings in the action at common law lately depending between the present appellee plaintiff and the present appellant defendant. ____________
Order of reference of accounts to arbitrators.	A.B. . . . . . . . . . . . plaintiff against } C.D. . . . . . . . . . defendant By consent of the parties by their counsil all matters of ~ difference between them in this suit are referred to the final determination of D. E. and F. or in case of disagreement, their umpire, whose award, or umpirage, is to be made the decree of the court; and the same is Ordered accordingly. ____________
Order directing an Issue.	A.B. . . . . . . . . . . . plaintiff against } C.D. . . . . . . . . . defendant On the motion of the plaintiff by his counsil, the Court this 30.^th day of September in the year of our lord one thousand eight hundred and two doth

Page 47

doth order that an Issue be made up between the parties, to determine whether the writing admitted to record in the County Court of Isle of Wight as and for the last will and testament of P.T deceased, be the true last will and testament of the said P.T.: that the said Issue be tried before the County Court of Cumberland, and the verdict thereupon be certified to this Court.

____________

A.B. . . . . . . . . . . . plaintiff
against }
C.D. and others . . . . . . . . . defendants
On the motion of the plaintiff by his counsil, the court, this 30.^th day of September, in the year of our lord one thousand eight hundred and two, doth order that an Attachment be sued forth against the defendant C.D. for his contempt in not performing the decree pronounced in this cause on the 20.^th day of May, in the year 1801. unless the said defendant C.D. being served with a copy of this order shew cause to the contrary on some day of the present term.

____________

Order for atta: in not performing decree.

AB . . . . . . . . . . . plaintiff
against }
C.D. . . . . . . . . . defendant
The Subpoena scire facias awarded in this cause being returned executed, and the defendant failing to appear, on the motion of the plaintiff by his counsil It is ordered that 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, the decree pronounced in this cause on the ninth day of June in the year one thousand seven hundred and ninety five, stand and be revived, and that he do pay unto the plaintiff the costs expended by him in suing forth and prosecuting the said Subpoena Scire facias.

____________

Order reviving decree the subpoena scire facias being returned executed.

Page 48

Decree against absentees, on foreign atta:

J.T. . . . . . . . . . . . plaintiff
against }
G. and M. partners and Druggists and J.C. . . . . . . . . . defendants
This cause in which the bill of the plaintiff hath been taken for confessed against the defendants G. and M. came on, this fourth day of June, in the year of our lord one thousand seven hundred and ninety nine, to be heard on the bill, answer of the defendant J.C and the verdict certified to have been found on trial of the Issue directed by the order of the 15.^th day of may, in the year 1797, and was argued by counsil: on consideration whereof the court doth adjudge, order and decree, that the defendant J.C out of the money confessed by him, in his answer, to be due from him to the other defendants G. and M., retaining his costs, do pay unto the plaintiff one thousand dollars damages, appearing by the verdict aforesaid to been assessed by the Jury: and also the Costs expended by him in prosecuting this suit; on the plaintiffs entering into bond with sufficient security, to be approved of by the Clerk of this court, in the penalty of two thousand dollars with condition to refund to the defendants G. and M. the said one thousand dollars and costs, if they hereafter claim the same and be adjudged entitled thereto.

____________

Order reviving suit by consent.

A.B. . . . . . . . . . . . plaintiff
against }
C.D. . . . . . . . . . defendant
This suit abates by the death of the plaintiff, and by consent of the parties by their counsil, stands revived in the name of E.F his executor.

____________

Page 49

P.C. . . . . . . . . . . . plaintiff
against }
M.N. . . . . . . . . . defendant
This cause came on, this 20.^th May in the year of our lord 1803, to be heard on the bill, answer and exhibits, and was argued by counsil: on consideration whereof the Court doth adjudge, order and decree, that unless the defendant on or before the 20.^th day of October next, do pay unto the plaintiff the sum of £300 with interest thereon to be computed after the rate of five per Centum per ~ annum from the 15.^th day of June, in the year 1790, and the costs expended by the plaintiff in prosecuting this suit, the said defendant and his heirs and all persons claiming under him be from henceforth barred and foreclosed of their equity and right to redeem the seven hundred and fifty acres of land ~ mentioned in the Indenture of mortgage, among the exhibits, made the 6.^th day of January 1789 between the said P.C of the one part and MN of the other part; and in case of default in the payment of the said debt interest and Costs at the time aforesaid, that M.G. W.C. and J.E., or any two of them ~ after giving three weeks previous notice thereof in one of the Richmond news papers, do expose to public sale by auction for ready money, the said land, and out of the proceeds of such sale pay to the plaintiff his said debt, Interest, and costs, and the surplus, if any, after deducting the expenses attending the said sale pay to the defendant: and make report thereof to the Court in order to a final decree.

____________

Decree to foreclose a mortgage.

A.B. . . . . . . . . . . . plaintiff
against }
C.D. . . . . . . . . . defendant
On the motion of the plaintiff by his counsil, and for good cause shewn a writ of Injunction is awarded him to stay execution of a judgment recovered against him by the defendant in the district court of Dumfries, until

the

Order awarding Injunction.

Page 50

the further order of this court, on the plaintiffs releasing all errors at law and entering into bond with sufficient security in the Clerks office of the said district court in the penalty of fifty pounds, with such condition as the law requires.

____________

Page 51

Certificates

Virginia In the High Court of Chancery Between A.B. . . . . . . . . . . . plaintiff
and }
C.D. . . . . . . . . . defendant
The plaintiff having been ruled to file his bill, and failing so to do, on the motion of the defendant by his counsil it is ordered that this suit be dismissed; and that the plaintiff do pay unto the defendant his Costs.

____________

Certificate of dismission at the rules for want of Bill.

E.T. . . . . . . . . . . . plaintiff
and }
G.F. . . . . . . . . . defendant
This suit is dismissed, the plaintiff who is not an inhabitant of this Commonwealth, having been ruled to give security for the Costs which he might incur in the prosecution thereof, and failing so to do.

____________

Certificate of dismission at the rules for want of Security for costs.

Virginia In the high Court of Chancery

Between

A.B. . . . . . . . . . . . plaintiff
and }
C.D. . . . . . . . . . defendant
I do certify that the bond directed to be given by the plaintiff, to entitle him to the benefit of the injunction awarded him by the said Court on the 17.^th day of April last, to inhibit the defendant and all others concerned from proceeding to sell the tract of land conveyed by the plaintiff to G.H. in trust to secure the payment of a debt due from the plt to the said defendant has been given. Certified this 20.^th day of June 1800.

____________

Certificate of the Clerk that the bond required on obtaining an injunction is given.

Page 52

[Blank page]

Page 53

Process

The Commonwealth of Virginia to the Sheriff of County, greeting: you are hereby commanded that from all further proceedings on an execution issued from the Clerks office of the high Court of Chancery the 10.^th day of June 1802, by A.B. against C.D. you altogether supersede, he the said C.D. having by the leave of the Judge of the said Court, filed a bill for the purpose of reviewing the said decree, we also command you to summon the said C.D. to appear before the Judge of our high Court of Chancery at the capitol in the city of Richmond on the first day of the next term to answer the said bill of review, and this he shall in no wise omit under the penalty of £100. and have then there this writ. Witness P.T. Clerk of our said Court at Richmond the 20^th day of May 1801 and in the 27.^th year of the Commonwealth.

____________

Supersedeas in cases where the bonds are executed in the office. Decree of the high Court of ch.y supersed and leave to file a bill of review.

The Commonwealth of Virginia to the Sheriff of County Greeting: you are hereby commanded that from further proceeding on an execution issued from the Clerks office of our high Court of Chancery on the 5.^th day of ~ July 1802, against the goods and chattels of T.T. on a decree pronounced by our said Court the 22.^d day of March 1802 in a suit then depending therein between the said T.T. appellant and J.R. appellee, you altogether supersede, the said T.T. having by petition to the Judge of our said high Court of Chancery since the [???] of the said execution obtained an appeal from the said decree to the Court of appeals. And how you shall execute this writ, make known to our Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term. Witness P.T. Clerk of our said Court at Staunton the 22.^d day of May 1801, and in the 27.^th year of the Commonwealth. P.T. C,C

____________

Supersedeas awarded to a decree of the high court of chancery and appeal allowed on petition.

Page 54

Supersedeas to a a decree of the high Court of Ch.^y

The Commonwealth of Virginia to the Sheriff of County, greeting: you are hereby commanded that from all further proceeding on an execution issued from the Clerks office of the high Court of Chancery the 23.^d day of May, in the year 1802, on a decree pronounced in the said Court, the 17.^th day of March 1801, in a suit then depending therein between A.B. plaintiff and C.D. defendant, you altogether supersede, the said C.D. on a petition to the Judge of the said Court having been allowed to appeal from the said decree to the Court of appeals, and how you shall execute this writ make known to our Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term. Witness P.T. Clerk of our said Court at Richmond the 23.^d day of July 1802 and in the 26.^th year of the commonwealth.

____________

Attachment against a witness for failing to appear before Commissioner

The Commonwealth of Virginia to the Sheriff of County, Greeting: you are hereby commanded to attach A.B. one of the executors of C.D. so that you have his body before the Judge of the high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to answer us as well of a certain contempt by him to us offered, as it is said as upon those things which to him shall then and there be objected; and further to do and receive what our said Court shall in that part consider: and have then there this Writ: Witness AB. Clerk of our said at Staunton, this 24.^th day of July 1802 and in the 27.^th year of the Commonwealth. A.B.

For not appearing before master Commissioner Hay at his office in order to an investigation of the subject matter of an order made on the 20.^th day of August. 1801, in a suit depending in our said Court between AB. plaintiff and CD. defendant, according to the directions of an order made in the

said

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said twentieth day of August one thousand eight hundred and one.

A.B. Clerk

____________

The Commonwealth of Virginia to the Sheriff of County, Greeting; you are hereby commanded to attach A.B. so that you have his body before the Judge of the high Court of Chancery at the Capitol in the City of Rich.^d on the first day of the next term, to answer us as well of a certain contempt by him to us offered, as it is said, as upon those things which to him shall then and there be objected: and further to do and receive what our said court shall in that part consider: and have then there this Writ. Witness C.D. Clerk of our said Court at Richmond this 25.^th day of July 1802, and in the 27.^th year of the Commonwealth. A.B.

For not performing an order made the 17.^th day of May, 1802, in a suit now depending in our said Court between AB plaintiff and C.D. defendant whereby the defendant was ordered to deposit with the Clerk of the said Court, to remain in hands, subject to the future order of the court, the Books, bonds, Notes and papers admited by his answer, to be in his possession A.B. Clerk

____________

Attachment for not performing an order of Court

The Commonwealth of Virginia to the Sheriff of County: Greeting: whereas in our County Court of Berkeley, to wit, on the 17.^th day of July in the year of our lord 1799. in a suit in chancery then depending in the said Court between AB. plt and C.D. defendant it was by our said court decreed and ordered “that &c. (here insert the decree) from which decree the said A.B. appealed to our high Court of Chancery; and whereas the said A.B. since obtaining the said appeal hath departed this life leaving F.G. and H.J his representatives, first having duly made and published his last will and testament and thereof appointed L.J. and HG his executors who have proved the same and taken upon themselves the burthen of the execution thereof

and

Scire facias to revive a decree of the county Court in the name of the appellants representatives

Page 56

and the said F.G. and H.J have supplicated us for a proper remedy in this behalf. We therefore being willing that right and Justice should be done, command you that you make known to the said CD. that he be before the Judge of our said high Court of Chancery at the Capitol in the City of Richmond, on the first day of the next term, to shew if any thing, he hath for himself, or can say, why the appeal aforesaid should not be revived in the names of the said F.G and H.J, and further to do and receive what our said Court shall in that part consider: and have then there this Writ, Witness P.T. Clerk of our said Court at Richmond this 29.^th day May, 1802, and in the 26.^th year of the Commonwealth.

P.T.

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Scire facias to revive in the names of the executors of the plt and against the exors of the deft.

The Commonwealth of Virginia to the Sheriff of County, Greeting: whereas in a suit lately depending in our high court of chancery between AB plaintiff and C.D defendant on. the 15.^th day of August, 1799, one of the commissioners of the Court was directed (here insert order for account) but before the said order was carried into effect the plaintiff and the defendant departed this life, whereby the said suit abated, and we being supplicated for a proper remedy in this behalf, and being willing that what in our said court is rightly done should be duly executed, do therefore ~ command you to summon the representatives of the said CD. to appear before the Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to shew cause, if any they can, why the suit aforesaid should not stand and be revived ~ against them in the name of JK executor of the said AB. deceased and the order above referred to carried into effect: And this they shall in no wise omit under the penalty of £100 each, And have then there this Writ. Witness P.T. Clerk of our said Court at Richmond the 20.^th day of August 1799 and in the 25.^th year of the Commonwealth.

P.T.

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The Commonwealth of Virginia to the Sheriff of County, Greeting: whereas in a suit lately depending in the high Court of Chancery between AB. and C.D. executors of E.F appellants and G.H. appellee on the 23.^d day of March, 1798. it was by our said Court adjudged, ordered and decreed that &c. (here insert decree) but before the said decree was carried into effect the said AB departed this life having first made and published his last will and testament, but the executors therein named refusing to take upon themselves the burthen of the execution thereof, administration of all and singular the goods chattels and credits of the said A.B. have in due form been committed to F.G. who hath undertaken the administration of the same, And we being supplicated for a proper remedy in this behalf and being willing that what in our said Court is rightly done should be duly executed, do therefore command you to summon the said George ~~ Hannah to appear before the Judge of our high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term, to shew cause, if any they can, why the decree above referred to should not stand and be revived against him in the name of the said F.G admor as aforesaid, and the same carried into effect; and this he shall in no wise, omit under the penalty of £100 and have then there this Writ. Witness P.T. Clerk of our said Court at Richmond this 20.^th day of August, 1799, and in the 25.^th year of the Commonwealth.

____________

Appellant dies his executors refuse to act, administration committed to FG Subpoena Scire facis to revive the appeal in his name.

The Commonwealth of Virginia to the Sheriff of County, Greeting; you whereas in a suit lately depending in our high Court of Chancery between A.B. plt and C.D. defendant, on the 10.^th day of March, in the year 1799, the following decree was pronounced, This cause &c. (here insert decree) but before the said decree was carried into effect, the said A.B. departed

this

Plaintiff dies intestate admon granted E.R Spa Scire facias to revive the suit and proceedings in his name.

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this life intestate and administration of all and singular his goods and chattels rights and credits have been in due form committed to E.R. who hath taken upon himself the burthen of the execution thereof; and we being supplicated for a proper remedy in this behalf, and being willing that what in our said Court is rightly done should be duly executed, do therefore command you to summon the said C.D. to appear before the Judge of our high Court of Chancery at the capitol in the City of Richmond on the first day of the next term, to shew cause, if any he can why the decree ~ aforesaid should not stand and be revived against him; and this he shall in no wise omit, under the penalty of £100. and have then there this Writ. Witness P.T Clerk of our said Court at Richmond the 15.^th day of August 1801 and in the 26.^th year of the Commonwealth.

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Scire facias to revive a decree that is out of date. where exor thereof remains to be made.

The Commonwealth of Virginia to the Sheriff of County, Greeting Whereas in a suit lately depending in the high Court of Chancery, between A.B. plaintiff and C.D. defendant on the 27.^th day of May, in the year 1801, It was by our said Court of Chancery among other things decreed that &c. (here enter decree) nevertheless execution of the said decree still remains to be made, as by the said AB we are informed, and we being willing that what in our said Court is rightly done should be duly executed; Therefore we command you that you summon the said C.D. to appear before the Judge of our said high Court of Chancery, at the Capitol in the City of Richmond on the first day of the next term, to shew cause, if any he can, why the decree above referred to should not be carried into execution: And this he shall in no wise omit under the penalty of £100. And have then there this Writ. Witness P.T Clerk of our said Court of Richmond &c.

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The Commonwealth of Virginia to the Sheriff of County, Greeting: whereas in a suit lately depending in the high Court of Chancery ~ between AB plaintiff and C.D. administrator &c. of E.F. defendant on the 23.^d day of September in the year 1801, the said court did among other things adjudge, order and decree that &c. (here insert the decree) but before the said decree was fully carried into effect, the said C.D. administrator as aforesaid departed this life and administration de bonis non of all and singular the goods and chattels, rights and credits of E.F. deceased, unadministered by the said C.D. hath in due form been committed to M.N. and we being supplicated for a proper remedy in this behalf, and we being willing that what in our said Court is rightly done should be duly executed, we therefore command you to summon: the said M.N. to appear before the Judge of our high court of Chancery at the ~ Capitol in the City of Richmond on the first day of the next term to shew cause, if any he can why the decree above referred to should not stand be revived against him as administrator as aforesaid, and this he shall in no wise omit under the penalty of £100 and have then there this Writ. Witness P.T Clerk of our said Court at Richmond the 15.^th day of August 1801, and in the 26.^th year of the Commonwealth.

____________

Scire facias to revive a decree.

The Commonwealth of Virginia to the Sheriff of County, Greeting: Whereas in a suit lately depending in the high Court of Chancery between: AB. plaintiff and CD. defendant, on the 27.^th day of September in the year 1801, the following decree was pronounced ‘this cause &c. (here enter decree) but since the pronunciation of the said decree the said C.D. departed this life having first duly made and published his last will and testament in writing and thereof appointed E.F. his executor who hath proved the same, and taken upon

himself

Scire facias to revive a decree.

Page 60

himself the burthen of the execution thereof and execution of the said decree still remains to be made as by the insinuation of the said E.F. we are informed, and because these things which in our said court are rightly done we would have duly carried into execution, therefore we command you to summon AB. to appear before the Judge of the high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term, to shew cause, if any he can, why the decree aforesaid should not be revived and carried into execution against him, in the name of the said E.F. executor of C. D. deceased and further to do and receive what our said Court shall in that part consider, and this he shall in no wise omit under the penalty of £100, and have then there this writ. Witness P.T. Clerk of our said Court at Richmond, the 29.^th day of June 1801 and in the 26.^th year of the Commonwealth.

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Certiorari.

The Commonwealth of Virginia to the Justices of our County Court of Caroline, Greeting: for certain causes moved before the Judge of our high Court of ~ Chancery, by T.L. in a suit lately depending before you, wherein AB was plaintiff and the said T.L. defendant, and sent to our said high Court of Ch.^y at the Capitol in the City of Richmond by reason of the appeal of the said T.L. from your decree pronounced therein: We command you, and every of you, that you, or one of you, under your, or one of your, hands and seals, the depositions of A.B. and C.D. the former taken the 10.^th day of April 1797, and the latter the 14.^th day of May 1796, and rejected at the hearing in the said County Court, do send and certify enclosed to our Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term ~ returning also this writ. Witness P.T Clerk of our said Court at Richmond, the 20.^th day of May 1802, and in the 27.^th year of the Commonwealth.

P.T.

____________

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The Commonwealth of Virginia to the Justices of our County Court of Augusta Greeting: Whereas A.B. hath sued out of our high Court of Chancery a writ of Supersedeas to a decree recovered against him by C.D. in the said County Court the 24.^th day of July 1799 for £150 with interest thereon to be computed after the rate of five per Centum per annum from the 7.^th day of January 1795, in order to have a rehearing of the whole matter in the decree aforesaid contained: therefore we command you, and each of you, that you, or one of you, the record and proceedings in the said suit with all things touching the same as fully and wholly as they now exist among the records of the said County Court to the Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term, under your, or one of your, hands and seals, do certify and safely send enclosed to the Clerk of our said high Court of Chancery, together with this writ: Witness P.T. Clerk of our said Court at Richmond the 26.^th day of July 1802. and in the 27.^th year of the Commonwealth.

____________

Certiorari on an appeal.

The Commonwealth of Virginia to the Justices of Berkeley County Court Greeting; you, and every of you, are hereby commanded, that you, or one of you, under your, or one of your hands and seals the proceedings in a suit in Chancery in the said Court before you depending between A.B. plaintiff and C.D. defendant with all things touching the same as fully and wholly as the same is now depending before you the Judge of our high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term, do send and certify enclosed, returning also this Writ: Witness P.T. Clerk of our said Court at Richmond, the 26.^th day of July 1802 and in the 27.^th year of the Commonwealth.

P.T.

____________

Certiorari.

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Certiorari.

The Commonwealth of Virginia to the Justices of the County Court of Ohio whereas in the record and proceedings in a certain suit in Chancery between A.B. plaintiff and C.D. defendant, lately sent to our high Court of Chancery holden at the Capitol in the City of Richmond by reason of the appeal of the said C.D. from the decree pronounced therein, diminution is suggested: therefore we command you, and every of you that you or one of you, under your or one of your hands and seals the record and proceedings aforesaid more fully to the Judge of our said high Court of Chancery on the 29.^th day of the next term, returning also this writ. Witness P.T Clerk of our said Court at Richmond the 27.^th day of July 1802, and in the 27.^th year of the Commonwealth.

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Writ of Lunacy.

The Commonwealth of Virginia to Gentleman Greeting. We command you, or any three of you, that you diligently enquire whether A.B. who was heretofore found to be a Lunatic, and whose person and estate were by an order of the Court of Essex County bearing date the twenty eighth day of May, in the year of our lord 1797, committed to the care of D.E.F.G. hath ceased to be a Lunatic, and if is found, at what time was he restored to sanity of understanding, and if in the negative, whether there be not intervals of sanity, ~ and send the inquisition thereof, distinctly and openly made to us in our high Court of Chancery on the first day of the next term, under your seals, together with this writ. Witness P.T Clerk of our said Court at Richmond the 27.^th day of July 1802, and in the 27.^th year of the Commwlth

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Writ of Sequestration.

The Commonwealth of Virginia to the Sheriff of County Greeting: whereas in a suit depending in our high Court of Chancery between AB. and aD. plaintiffs and E.F.&c.G.H defendants on the 10.^th day May 1801 It was ordered that the defendants do perform the following decree, (here insert the decree) Know ye therefore, that we in confidence of your prudence and fidelity, have given,

and

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and by these presents do give to you full power and authority, to enter upon all the Messuages, Tenements and real estate whatsoever of the said defts and to collect, take, receive and sequester into your hands, not only all the rents and profits of their said Messuages, lands, Tenements and real estates but also all their goods, chattels and personal estates whatsoever, and therefore we command you, that you do at certain proper and convenient days and hours go to and enter upon all the messuages lands tenements and real estate of the said defendants, and that you do collect, take and get into your hands not only the rents and profits of all their said real estates but also all their goods chattels and personal estates and detain and keep the same under sequestration in your hands, until the said defendants shall fully satisfy and perform the said decree, or our said Court make such other order to the contrary. Witness P.T Clerk of our said Court at Richmond the 29.^th day of July 1802, and in the 27.^th year of the Commonwealth.

____________

Virginia Sc.t

The Commonwealth of Virginia To Gentlemen Greeting; Know ye that we trusting to your fidelity and provident circumspection in fulfilling a certain decretal order of our high Court of Chy between A.B. plaintiff and C.D. defendant lately made and given bearing date the 10.^th day of September 1801, have assigned you, and by the tenor of these presents do give unto you full power and authority of going to entering into, and perambulating the tract of land in the bill of the plaintiff mentioned lying in the County of Hanover and containing 450 acres, and the same lands of dividing and separating and of allotting and assigning the same in severalty according to the tenor and effect of the aforesaid order, hereby requiring you to make and reduce in writing your certificate of all your acts and doings

in

Commission of partition

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in the premises, and when your shall have so done, that your certificate aforesaid to our Judge of our said high Court of Chancery on the first day of the next term, under your seals, distinctly and plainly, you send, together with this Writ, doing and proceeding, in all and singular the premises ~ according to the direction and intent of the order aforesaid. Witness P.T. Clerk of our said Court at Richmond the 29.^th day of July 1802 and in the 27.^th year of the Commonwealth.

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Mandamus.

The Commonwealth of Virginia to the Justices of Botetourt County, greeting whereas a Judgment of Lunacy was given by the said Justices against A.B. from which Judgment the said A.B. prayed an appeal the high Court of Chancery, nevertheless you the Justices of the said County (as is suggested to us) have refused to admit the appeal of the said AB. to the great damage and grievance of him the said A.B. as by the complaint of the said AB we have understood: We therefore being willing that justice should be done to the said A.B. as is reasonable in this behalf, command you, that you do forthwith admit the appeal of the said AB from the Judgment aforesaid upon his (or any person who shall think himself interested therein, giving bond and security according to law, or signify to us cause to the contrary thereof, lest on your default, complaint should come to us repeated; and how you shall execute this our command [??? (erased?)] Certify to our Judge of our high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term, returning to us this our Writ. Witness P.T Clerk of our said Court at Richmond the 29.^th day of July 1802 and in the 27.^th year of the Commonwealth.

P.T.

____________

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The Commonwealth of Virginia to the Sheriff of County; Whereas in a suit lately depending in the high Court of Chancery between A.B. plaintiff and C.D defendant, on the 10th day of March 1802, the said cause came on to be heard on the bill answer and exhibits and was argued by counsil: on consideration whereof the court delivered the opinion and pronounced the decree following (here insert it) whereof the said CD is convict as appears to us of record: therefore we command you that the said AB his possession of the ground with its appurtenances directed by the afore recited decree to be conveyed and restored to him, you cause to have and how you shall execute this writ make known to our Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term; We also command you that of the goods and chattels of the said C.D. in your bailiwich you cause to be made £300 which to the said A.B. late in our said Court were decreed and ordered to be paid by the said C.D. for the rents and profits of the said Tenement, and also of the goods and chattels of the said C.D. you cause to be made 210.^ee of Tobacco and 24 dollars and 36 Cents which to the said AB. in the same Court were adjudged for his costs by him expended in prosecuting the suit aforesaid and that you have the same before the Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term. Witness P.T Clerk of our said Court at Richmond the 29.^th day of July 1802, and in the 27.^th year of the Commonwealth.

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Writ of possession and Fi: Fa:

The Commonwealth of Virginia to the Sheriff of County: Whereas in a suit depending in the high Court of Chancery between NK. plaintiff and J.S. defendant it was on the 10.^th day of March 1802, by our said high court of Chancery among other things, adjudged, ordered and decreed, that the deft do deliver to the plaintiff the land recovered by the decree made in this

cause

Writ of possession.

Page 66

cause, on the 20.^th day of September in the year 1799, whereof the said J.S. is convict as appears to us of record; therefore we command you that the said NK his possession of the lands in the County of Berkeley, you cause to have, and how you execute this our writ make known to our Judge of our high Court of Ch.^y. at the Capitol in the City of Richmond on the first day of the next term ~ returning to us this writ Witness P.T. Clerk of our said Court at Richmond the 29.^th day of July 1802, and in the 27.^th year of the Commonwealth.

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Write of Habere Facias possessionem.

The Commonwealth of Virginia; to the Sheriff of County, Whereas in a suit lately depending in the high Court of Chancery between J.J appellant and and M.R appellee. upon an appeal from a decree of the County Court of Ohio on the 15.^th day of April in the year of our lord 1797. It was decreed and ordered that the said J.J. convey and deliver to the said M.R the land in the bill ~ mentioned, and that the said M.R. be quieted in possession thereof against the claim of the said J.J. and all persons claiming under him; whereof the said JJ. is convict as appears to us of record; therefore we command you that the said M.R. his possession of 350 acres of land lying and being in the County of Ohio, and bounded by the lands of C.P. &c. with the appurtenances you cause to have, and how you execute this Writ make known to our Judge of our said Court at Richmond on the first day of the next term, returning to us this Writ. Witness P.T Clerk of our said Court at Richmond the 29.^th day of July 1802, and in 25.^th year of the Commonwealth.

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Writ of Injunction to stay Waste.

The Commonwealth of Virginia Th.^s &c. Jam.^s Ott, their agents, workmen, ~ labourers and servants, and each and every of them, and the Sheriff of Ohio County, greeting: whereas it hath been represented to our high Court of Ch.^y in a certain cause then depending, wherein A.B. is plaintiff and you the said Thomas and James Ott are defendants, on the part of the said plaintiff that the said

Page 67

Thomas and James Ott, by their slaves, servants and labourers are committing great waste and destruction on the tract of land (here describe the land) We therefore in consideration of the premises aforesaid, do strictly injoin and command you the said C.D. your workmen, labourers, servants and all and every of you, that you and every of you, do from henceforth altogether absolutely desist from clearing or felling any timber or other growth on the aforesaid land, or from building cultivating, selling or medling with the said land, or reaping, mowing or removing any thing on or from the premises until the further order of this Court to the contrary: we also command you the said Sheriff to summon the said Thomas and James Ott to appear before the Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to answer the bill of the plaintiff in the suit ~ aforesaid, and this they shall in no wise omit under the penalty of £100. each and have then there this Writ. Witness P.T Clerk of our said Court at Richmond the 29.^th day of July 1802, and in the 27.^th year of the Commonwealth.

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The Commonwealth of Virginia to the Jailor of Henrico County, greeting: We command you that the body of A.B. detained in our prison under your custody, as it is said together with the day and cause of his being taken and detained by whatsoever name he may be called in the same you have under safe and secure conduct before G. Wythe Judge of the high Court of Ch^y. in Richmond in the County of Henrico or before any one of the Judges of the General Court; immediately after the receipt of this writ, Witness George Wythe Judge, and by whom this writ is awarded, according to the act of ~ assembly directing the mode of suing out and prosecuting writs of Habeas Corpus, the 29.^th day of July 1802.

G. Wythe

Mem.^o

The prisoner is to pay five dollars for bringing him up, and to give

security

Writ of Habeas Corpus.

Page 68

security for payment of the like sum for carrying him back in case he be remanded and security in the sum of two hundred dollars that he will not escape by the way.

G. Wythe

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Discharge of AB. brought before the Judge of the high court of Chancery by Habeas Corpus who was detained in our Jail by atta: for his contempt

The Commonwealth of Virginia to the sheriff of Ohio County, greeting: A.B. on the 10.^th day of March, in the year 1802 who was brought before me the under written by virtue of the Commonwealths writ of Habeas Corpus directed to you the said sheriff and bearing teste at Richmond the 29.^th day of July 1802, having made affidavit in due form, that he had performed so much of the decree pronounced by the high Court of Ch.^y in the case between AB plaintiff and C.D. and E.F. defendants the 20.^th day of May in the year 1799, as he was thereby required to perform, and that he hath not been guilty of any contempt to the said Court; we ~ command you that you deliver the said A.B out of your custody, in ~ which he is detained for a contempt, in not performing the said decree; but this liberate is not to discharge the said AB absolutely from the said decree, unless the aforesaid GH. having timely notice of a motion for that purpose, shall fail on same day of the next succeeding term, to shew that the said AB. had been guilty of the contempt, in the premises, with which way he stands charged. Witness my hand and seal this 29^th day of July 1802:

G. Wythe {Seal}

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Form of the Judges certificate on the prisoners being remanded.

Virginia to wit.

Let all men, who are or may be concerned, in what followeth, know, that I. G. Wythe Judge of the high Court of Ch^y., before whom was brought, in obedience to the precept called habeas corpus, AB in custody of CD. keeper of Goal of Petersburg, to which the prisoner had been committed, accused of a felony alleged to have

been

Page 69

been perpetrated by him in South Carolina, being of opinion after hearing what he had to say, and considering his case, that no cause for liberating him hath been shewn, do remand him: and that, exercising my office of a peace conserator to prevent his escape or rescous, to effect which an attempt is apprehended. I do authorize the said Jailor to impress men sufficient to aid him in guarding the prisoner and conducting him to the Goal aforesaid, and do require those who shall be so impressed to perform that duty. In testimony whereof I subscribe my name, and have caused the seal of the said Court to be appended hereunto this 29.^th day of July in the year 1802: liberty is reserved to the prisoner to demand a writ of Habeas Corpus of any Judge empowered by law to award and grant it in case he shall be advised or shall think, that he hath already shewn, or can hereafter shew, good cause for his discharge.

____________

The Commonwealth of Virginia, to the Sheriff of County, greeting: you are hereby command to summon, AB to appear before C.D.E.F.&c.G.H. at the courthouse in the county of Augusta, on the 10.^th day of August next, then and there to be examined, and to depose their knowledge on behalf of C.D. in a certain matter of controversy now depending in our high court of chancery between the said CD. plaintiff and E.F. defendant, and this he shall in no wise ~ omit under the penalty of £100. Witness P.T. Clerk of our said Court at Richmond the 29.^th day of July 1802 and in the 27.^th year of the Commwlth.

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Subpoena to summon witnesses to appear before magistrates to be examined.

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[Blank]

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Executions

The Commonwealth of Virginia to the Sheriff of County, Greeting: You are hereby commanded that of the goods and chattels of A.B. in the hands of C.D. administrator .&c. of the said A.B. to be administered in your bailiwick you cause to be made the sum of $26 which to E.F. late in our high ~ Court of Chancery were adjudged for his Costs by him expended in defending a certain suit in chancery at the suit of the said A.B. which suit by decree of our said Court pronounced the 2.^d day of March, in the year 1799 was dismissed with costs, which costs since the death of the said A.B. on a writ of Scire facias sued out of our said Court to revive the said decree by the said E.F against the said C.D. administrator as aforesaid were adjudged and ordered by our said Court to be paid by the said C.D. administrator as aforesaid out of the goods and chattels and credits of the said A.B. in his hands to be administered, also of the same goods and chattels you cause to be made twenty dollars which to the said E.F in the same Court were adjudged for his costs by him expended in suing forth and prosecuting the said Subpoena Scire facias.

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Execution for Costs on a decree revived by Scire facias.

The Commonwealth of Virginia to the Sheriff of County, greeting: you are hereby commanded that of the goods and chattels of A.B. in the hands of C.D. his executor to be administered in your bailiwick you cause to be made £150 which to E.F late in our high Court of Chancery were decreed and ordered to be paid; also you cause to be made twenty two dollars which to the said E.F. late in our said Court of Chancery were adjudged for his costs by him expended as well in prosecuting a certain suit in Ch^y against the said A.B. as in prosecuting a subpoena adrevivendum against the said C.D. executor as aforesaid: whereof the said C.D. is convict as appears

to

Execution on a decree of the high court of Chancery and for Costs in the County Court.

Page 72

to us of record, and that you have the same before the Judge of our high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to render unto the said E.F. the money and Costs aforesaid and have then there this Writ. Witness P.T Clerk of our said Court at. Richmond the 29.^th day of May 1799 and in the 24.^th year of the Comwlth.

____________

Execution for different Costs in different Courts.

The Commonwealth of Virginia to the Sheriff of County, Greeting: you are hereby commanded that of the goods and chattels of A.B. in your ~ bailiwick you cause to be made the sum of £225. which to C.D. late in our Court of appeals by the reason of the appeal of the said A.B. from a decree of our high Court of Chancery, was decreed and ordered to be paid also twenty two dollars which to the said C.D. in said Court were adjudged for his costs by him expended in defending the said appeal, as appears by the certified copy thereof, which by our said high Court of Chancery was decreed and ordered accordingly: Also the goods and chattels of A.B. you cause to be made fifteen dollars, which to the said C.D. in the same Court were adjudged for his costs by him expended in the prosecution of his said appeal: whereof the said A.B. is convict as appears to us of record And that you have the same before the Judge of our said high Court of ~ Chancery at the Capitol in the City of Richmond, to render unto the said C.D. of the money and costs aforesaid. And have them there this Writ. Witness P.T. Clerk of our said Court at Richmond the 29.^th day of July 1802 and in the 27.^th year of the Commonwealth.

____________

Execution for Costs in the County Court High Court of Chancery and Court of Appeals.

The Commonwealth of Virginia to the Sheriff of County, greeting: you are hereby commanded that of the goods and chattels, of A.B. in your bailiwick you cause to be made the sum of twenty four dollars which to

C.D.

Page 73

C.D. administrator of E.F. late in our high Court of Chancery were adjudged for the Costs by him and his intestate expended, as well in defending a certain suit in chancery in the County Court of Augusta at the suit of the said A.B. as in prosecuting the appeal of the said E.F. from the ~ decree aforesaid county court to our high Court of Chancery; and the appeal of the said C.D. administrator aforesaid from the decree of our said high Court of Chancery to the Court of Appeals: whereof the said A.B. is convict as appears to us of record. And that you have the same before the Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to render unto the said C.D. admor &c. of the costs aforesaid, and have then there this writ. Witness P.T. Clerk of our said Court at Richmond the 29.^th day of July 1802 and in the 27.^th year of the Commonwealth.

==

The Commonwealth of Virginia to the Sheriff of County, Greeting: you are hereby commanded that of the goods and chattels of A.B. in your bailiwick you cause to be made the sum of twenty four dollars, which to CD. late in our high Court of Chancery were adjudged for his costs by him expended in depending a certain suit in chancery in the said county Court at the suit of the said A.B. as by the inspection of the record and proceedings thereupon which before the Judge of our high Court of Ch^y by reason of the appeal of the said C.D. from the decree aforesaid, were lately sent to us appeareth, and which decree by our said high Court of Ch^y is in all things reversed; also you cause to be made the sum of nineteen dollars which to the said C.D. in our said high Court of Chancery were adjudged for his costs by him expended in prosecuting the said appeal

whereof

Execution for costs in the County Court.

Page 74

	whereof the said A.B. is convict as appears to us of record, and that you have the same before the Judge of our said Court at Richmond the 29.^th day of July 1802 and in the 27.^th year of the Commonwealth, ==
Execution for costs of appeal to the high Court of Chancery.	The Commonwealth of Virginia to the Sheriff of County, Greeting: you are hereby commanded that of the goods and chattels of A.B. in your bailiwick you cause to be made the sum of twenty four dollars, which to C.D. late in our high Court of Chancery were adjudged for his costs by him expended in prosecuting an appeal from a decree of the County Court of Augusta, pronounced the 23.^d day of May 1797, in a suit then depending in the said Court between J.H plaintiff and A.L. defendant which decree by our said high court of Chancery is reversed and the case aforesaid ~ remitted to the said County Court, to be there further proceeded in, whereof the said L.D. is convict as appears to us of record and that you have the same before the Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to render unto the said A.B. of the Costs aforesaid And have then there this Writ. Witness P.T Clerk of our said Court at Richmond the 29.^th day of July 1802, and in the 27.^th year of the Commonwealth. ==
Execution for Costs in the County Court and high Court of Chancery.	The Commonwealth of Virginia to the Sheriff of County, greeting, you are hereby commanded that of the goods and chattels of A.B. in your bailiwick you cause to be made the sum of twenty seven dollars which to C.D. late in our County Court of Bath were adjudged for his costs by him expended in ~ prosecuting a certain suit in chancery in the said County Court against the said A.B. as by the inspection of the record and process thereupon, which before the

Page 75

the Judge of our high Court of Chancery by reason of the appeal of the said A.B. from the decree aforesaid were lately sent to us appeareth, and which in our said high Court of Chancery is in all things affirmed; also you cause to be made the sum of twenty dollars which to the said C.D. in our said high court of Chancery were adjudged for his costs by him expended in defending the said appeal whereof the said A.B. is convict as appears to us of record, and that you have the same before the Judge of our said high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to render unto the said C.D. of the costs aforesaid, and have then there this Writ. Witness P.D. Clerk of our said Court at Richmond the 29.^th day of July 1802, and in the 27.^th year of the Commonwealth.

==

The Commonwealth of Virginia to the Sheriff of county greeting: Whereas in a suit lately depending in our high court of chancery between A.B plaintiff and C.D defendant at the Capitol in the City of Richmond on the first day of March in the year 1799, our said court did adjudge, order and decree, that C.D. should pay unto the plaintiff the sum of two hundred pounds with interest thereon to be computed after the rate of five per Centum per annum from the 10.^th day of May 1795, till payment, whereof the said C.D. is convict as appears to us of record. And the said AB hath chosen to have delivered to him all the goods and chattels of the said C.D. saving only the oxen and beasts of his plough, and also a moiety of all his lands and tenements in your bailiwick to have and to hold the goods and chattels aforesaid as his own proper goods, and the said moiety as his freehold to him and his assigns until he shall have levied thereof the money and costs aforesaid. Therefore we command you that you cause to be delivered all the goods and chattels of the said C.D. saving the oxen and beasts of his plough, and also a moiety

of

Writ of Elegit.

Page 76

of all the lands and tenements in your bailiwick, whereof he at the day of obtaining the decree was seized, or at any time afterwards, by reasonable price and extent to have and to hold the said goods and chattels to him the said AB as his own proper goods and chattels and the said moiety as his freehold, to him and his assigns until he shall have been levied thereof the money and costs aforesaid, and that you certify our Judge under your own seal and the seals of those by whose oath you shall make this extent and appraisement, how you execute this Writ on the first day of the next term. And have then there this Writ. Witness &c.

____________

Execution on a forthcoming bond.

The Commonwealth of Virginia to the Sheriff of County greeting: you are hereby commanded that of the goods and chattels of A.B. in your bailiwick you cause to be made the sum of £60. which C.D. late in our high Court of Chancery hath recovered against him for the penalty of a bond taken for the forthcoming of property, also $17: 76 which to the said C.D. in the same Court were adjudged for his costs by him in that behalf expended: Whereof the said A.B. is convict as appears to us of record, and that you have the same before the Judge of our high Court of Chancery at the Capitol in the City of Richmond on the first day of the next term to render unto the said C.D. the money and costs aforesaid. And have then there this writ. Witness &c.

____________

Memorandum. This execution is to be discharged by the payment of £30 with interest thereon to be computed after the rate of five per Centum per annum from 10.^th day of July 1802, till payment and the Costs within mentioned.

Teste A.B. Clk

No security of any kind whatever is to be taken

A.B. Clk

____________

Page 77

Rules of Court. Ordered that it be an instruction to the Clerk of this Court to issue commissions for the examination of witnesses de bene esse at any time after the plaintiff has filed his bill whether the answer be filed or not, and before the suit is set for hearing, upon either parties producing such an affidavit as will at present intitle the plaintiff thereto before the answer is filed. ==	Order of Court respecting commissions.
On consideration of the rule in the act in October Session 1787, that whenever a Subpoena in chancery is returned executed, the plaintiff shall within three months thereafter file his bill, and if he fails so to do, within that period, the suit shall stand ipso facto dismissed with costs: the court is of opinion that the said rule is applicable to every suit whensoever commenced, in which the subpoena was returned and passing the act, and not to causes wherein the subpoena was returned before, and that the three months within which the plaintiff is required to file his bill shall be computed from the end of the first rule day after the return day of the Subpoena. The Clerk is therefore ordered to reinstate all suits dismissed contrary to this construction and to proceed therein according to the act of 1777. ==	Rule of court respecting the return of Subpoenas.
It is ordered that it be a standing rule of this Court that in cases where sureties in bonds executed upon obtaining injunctions became insufficient in the progress of the suit, the injunctions shall be dissolved unless the plaintiff give other sufficient securities at the time to be appointed in particular instances. ==	Rule of Court respecting securities to Injunctions.
The Court doth order that exceptions to reports of the commissioner with the grounds of exceptions and extracts of books, papers and evidences relied upon to maintain them be stated in writing and filed in the commissioners office within such	Rule of Court respecting exceptions to commissioners reports.

Page 78

	such time as he shall limit, which he may enlarge for good cause shewn to be transmitted by them with any remarks he may think proper to make to the Judge of this court, and that the like exceptions to the reports to the reports of commissioners in the country be filed in the office of the Clerk of this Court, within a reasonable time to be determined by the Court and by him transmitted to the said Judge. ==
Rule of court respecting the dismission of suits.	The Court doth order the bills in all suits depending at the rules to be dismissed unless the plaintiffs by themselves, or their counsil, do appear and prosecute the same before, on the first rule day after the next term. ==
Rule of Court. respecting Orders directing Issues.	The Court doth order all orders directing trials of Issues at law in which no verdicts have been or shall be certified to be discharged unless cause be shown to the contrary sometime in the next term. ==
Rule of court directing papers read here to be read on trial of the issues	That the papers read at the hearing of any cause in this Court be read on trial of an issue directed before the court of common law, to avail there as much as they ought to avail here ==
Rule of Court respecting motions to dissolve. ~ Injunctions.	That notices of motions to dissolve injunctions shall be deemed sufficient if lodged with the Clerk of the Court a reasonable time before each such motion and the Clerk shall keep a book a book wherein such motions shall be entered, distinguishing therein at what time the notice is lodged and the day the motion is to be made, for the inspection of the counsil: no motion shall be admitted for dissolving an injunction unless the answer shall have been filed before the commencement of the term in which the motion is offered, except in cases of injunctions granted within three months preceding such term. ==

Page 79

That in all cases where any accounts are directed to be made up that the auditors be directed to proceed exparte on one months notice being given to that party who shall not attend, provided that the auditors may for good cause shown give a further day and reserving to the absent party the priviledge of shewing shewing cause against the report upon the return thereof to the Court.

==

Rule of Court respecting the examination of accounts

Page 80

[Blank]

Page 81

Bonds.

Know all men by these presents that we J.B. and C.D. are held and firmly bound unto B.C in the just and full sum of one hundred dollars, to which payment well and truly to be made to the said B.C his certain attorney his heirs executors, administrators or assigs we bind ourselves our being executors and administrators jointly and severally firmly by the presents sealed with our goals and dated. this 10.^th august 1802.

The Condition of the above obligation is such, that if the above AB who hath instituted a suit in the high Court of Chancery. against the said B.C. do and shall from time to time pay all such costs as he shall incur in the prosecution of the said suit, and moreover well and truly pay unto the said B.C all such legal costs as he may incur in his defence thereof, in case the said JB shall be cast therein and condemned to pay the same, then the above obligation to be void else to remain in full force and virtue.

Signed Sealed and delivered }
In the presence of }

{ Seal }
{ Seal }

Bond for Costs the plaintiff being a non resident of this Commonwealth.

==

Know all men by these presents that we &c. (the obligation as before.) The condition of the above obligation is such that whereas Lettice formerly the property of James Boyd of the County of New Kent; and conveyed by the said James Boyd in the month of August in the year of our lord 1798. to John Hamilton of the County of Norfolk hath prayed and obtained ~ from the honorable the Judge of the high Court of Chancery a writ of Injunction to restrain the above named John Hamilton from proceeding to sell the said Lettice and also restrain the court of the County of New Kent from proceeding on the commitment of the said Lettice to the jail of said

county

Bond upon an injunction obtained by a pauper.

Page 82

County Court, until the further order of the high Court of Chancery. Now if the above John Davis do and shall well and truly pay or cause to be paid aid unto the above named John Hamilton all such damages and costs as he may sustain by occasion of the issuing the writ aforesaid, in case the injunction aforesaid be dissolved, then the above obligation to be void otherwise to remain in full force and Virtue.

Signed Sealed and delivered }
In the presence of . }

{ Seal }
{ Seal }

==

Bond upon an injunction to restrain the defendant from proceeding on a writ of forcible entry and detainer

Kow all men by these presents that we &c. (the obligation as before).

The Condition of the above obligation is such that whereas the above bound H.A. hath obtained from the Judge of the high Court of Chancery a writ of injunction to restrain. J.R his agents and all others concerned from further proceeding on a warrant in the nature of a writ of forcible entry and detainer (or forcible detainer only) issued for the purpose of dispossessing the said H.A. of a parcel of land lying &c. (here describe the land) purchased by him of J.B. until the further order of this Court. Now if the said H.A shall well and truly satisfy and pay unto J.R. as aforesaid all costs which he may incur about his defence of the said injunction, if it shall be determined to have been awarded improperly, then the above obligation to be void else to remain full force and virtue.

Signed Sealed and delivered }
In the presence of. }

{ Seal }
{ Seal }

==

Bond upon an appeal on a Supersedeas to a decree of the County Court.

Know all by their presents that &c. (the obligation as before)

The Condition of the above obligation is such that whereas the above bound G.G. hath obtained an appeal from and a writ of supersedes to a decree of the County Court of Amherst obtained by the forenamed R.C against the said

G.

Page 83

G.G. the 27.^th day of July in the year 1799, Now of the said G.G. shall prosecute the said appeal and supersedeas with effect or shall well and truly perform the decree of the said County Court, and pay all such damages and costs as shall be awarded against him by the high Court of Chancery, in case the said decree be affirmed then the above obligation to be void or else to ~ remain in full force and virtue.

Signed Sealed and delivered }
In the presence of . }

{ Seal }
{ Seal }

==

Know all by these presents that &c. (the obligation as before)

The condition of the above obligation is such that whereas the above bound Z.J. hath prayed and obtained an appeal from a decree of the high Court of Chancery pronounced the 20.^th day of May 1799, in a suit then depending in the said court between the said Z.J plaintiff and J.B. defendant. Now if the said Z.J. shall effectually prosecute the said appeal and perform the said decree, and pay all such damages and costs as shall be awarded against him by the Court of Appeals in case the said decree be affirmed then the above obligation to be void otherwise to remain in full force and virtue.

Signed Sealed and delivered }
In the presence of . }

{ Seal }
{ Seal }

==

Bond upon an appeal from a decree of the high Court of Chancery to the Court of appeals

Know all men by these presents &c. (the obligation as before)

The condition of the obligation is such that whereas the above bound W.G. hath obtained an injunction from the Judge of the high Court of Chancery to inhibit the above bound. AS. his agents, workmen, laborers, servants and slaves and each and every of them, from cultivating, felling, cutting down or removing any timber, or other trees growing or being in or upon (here describe the land) until the further order of this Court, Now

if

Bond upon an injunction to stay Waste.

Page 84

if the said W.G. shall prosecute the said injunction with effect, or shall well and truly pay unto the said A.S. all such damages and costs as he may ~ sustain by the suing forth the said injunction then the above obligation to be void otherwise to remain in full force and Virtue.

Signed Sealed and acknowledged }
In presence of . . . . }

{ Seal }
{ Seal }

==

Bond to discharge attached effects.

Know all men by these presents &c. &c. (the obligation in before.

The Condition of the above obligation is such that whereas in a suit depending in the high Court of Chancery between D.H. plaintiff and T. and C defendants on the 10.^th day of September in the year of our lord 1801, the said Court ordered the effects of the said defendant T. in the hands of the other defendant to be discharged from the attachment in the said suit, upon security being given on behalf of the said T in the penalty of two thousand dollars with condition to perform the decree of the court therein. Now if the said T. shall well and truly stand to abide by and perform such decree as may be made by the said high Court of Chancery in the suit above ~ mentioned, then the above obligation to be void otherwise to remain in full force and virtue

Signed Sealed and acknowledged }
In presence of . . . }

{ Seal }
{ Seal }

==

Bond upon a writ of No Exeat.

Know all men by these presents that &c. &c. (the obligation as before)

The condition of the above obligation is such, that whereas N.H. hath prayed and obtained from the Judge of the high Court of Chancery the Commonwealth writ of No Exat to prevent the above named M.H departing this Commonwealth without entering into bond in the penalty of four thousand dollars to abide such decree as shall be made by the Court of Hastings of

the

Page 85

the Borough of Norfolk in a suit there depending between the said N.H, plt, and M.H. defendant, Now if the said N.H shall satisfy and pay unto the said M.H all such damages and Costs, which he the said M.H shall sustain by occasion of the issuing the writ aforesaid in case the same shall be quashed then this obligation to be void else to remain in full force and virtue.

Signed Sealed and delivered }
In presence of . }

{ Seal }
{ Seal }

==

Know all men by the presents that &c. &c. (the obligation as before)

The condition of the above obligation is such, that whereas in a suit lately depending in the high Court of Chancery between the above bound J.D. plaintiff and G and M partners and druggists and J.C defendants, on the 13.^th day of May, 1802, it was by the said Court decreed and ordered (here insert decree) Now if the said J.D. shall well and truly stand to and abide by and perform such future order or decree as may be made by the said high court of Chancery for returning the money recovered, to the defendants, to the defendants, to the defts G and M. if they claim the same and be adjudged entitled thereto, then the above obligation to be void else to remain in full force and virtue.

==

Bond to perform the future decree of the Court against absentees.

Know all men by these presents that &c. (the obligation as before).

The condition of the above obligation is such that whereas the above bound S.F. did on the 20.^th day of June 1800 obtain’d from the high court of chancery leave to file a bill in the said Court for reviewing the decree and proceedings in a suit lately depending therein between C.W and AC plaintiff and the above bound S.F defendant, and an order that the said C.W. and AC should cease from further proceeding in execution of the decree pronounced in the said suit on the 23.^rd day of May 1800, till further order of this Court. Now if the said S.F. shall well and truly satisfy and perform such decree as may

be

Bond upon a reviewed decree.

Page 86

be made by the said Court on the review aforesaid, then the above obligation to be void else to remain in full force and virtue

Signed Sealed and delivered }
In presence of. }

{ Seal }
{ Seal }

____________

Affidavit of the Security to all bonds executed in the Office.

Note. Parties entering into bonds similar to the foregoing are required by law to make the following affidavit: as also one or more of the witnesses thereto.

Affidavit to be made by the Security to the bond

Henrico Sc.^t

This day AB. came before me and made oath that his estate, after the payment of all his just debts, is worth one thousand dollars, the penalty of the within bond. Given under my hand this 27.^th day of August, 1802.

CD.

____________

Affidavit of the Witness

Affidavit to be made by the Witness

Henrico Sc.^t

This day W.C came before me and made Oath that the obligors to the within bond; to which he hath subscribed his name as a witness, ~ acknowledged the same in his presence to be their act and deed. Given under my hand this 27.^th day of August 1802.

CD.

____________

Page 87

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Page 88

[Blank]

Page 89

Appeal.

Virginia

At a high court of Chancery held on at the Capitol in the City of Richmond on Monday the first day of September in the year our lord one thousand seven hundred and ninety nine, and in the twenty fourth year of the Commonwealth.

Before

The honorable George Wythe Judge of the said court be it remembered that heretofore, to wit, at a high Court of Chancery holden on at the Capitol aforesaid, the 26.^th day of March in the year of our Lord 1798, James Henry, by John Wickham his counsil sued out of the Clerks office of the said Court, a writ of subpoena against James M.^cCraw, which said writ followeth in these words. to wit “The Commonwealth of Virginia to the Sheriff &c.” On which the sheriff made the following return. “Executed.”

At a rule day appointed and held in the office of the said Court the 19^th day of May, 1798, The said James Henry by his said attorney filed his bill of complaint against the said James M.^cCraw, which said bill followeth in these words to wit. ‘To the honorable the Judge &c.. At a rule day appointed and held in the office of the said Court in the month of July 1798, further time given. .

At a rule day appointed and held in the office of the said Court in the month of August 1798, on the motion of the plaintiff by his counsil an Attachment is awarded against the said defendant, which said attachment followeth in these words. “The Commonwealth of Virginia &c. On which the sheriff made the following return “Executed”

And at rules holden in the Office of the said Court in the month of Nov^r

1798

Page 90

1798, the defendant appeared by counsil and put in the following answer which said answer followeth in these words to wit: The answer of &c. and at Rules holden in the office of the said Court in the month of Jan^y 1799. The plaintiff by his counsil replied generally to the foregoing answer, and the cause being at issue divers witnesses were sworn and examined therein and their depositions duly and regularly taken and published according to the usual course of this honorable Court which depositions followeth in these words. The depositions &c.

And at Rules holden in the office of the said Court this month of June 1799, This cause on motion of the plaintiff by his counsil was set for hearing. And at high court of Chancery holden at the Capitol aforesaid the tenth day of September in the year of our lord one thousand seven hundred and ninety nine. This cause on to be heard upon the bill, answer exhibits and examinations of witnesses and was argued by counsil: on consideration whereof the court doth adjudge, order and decree, that &c. from which decree the defendant prayed an appeal which is allowed him on his entering into bond with sufficient security in the Clerks office of this court in the penalty of one hundred dollars within one month from this day with such condition as the law requires. Which he has accordingly done.

The exhibits filed in the Cause as follow. This Indenture made this 10.^th day of May 1795 &c.

==

Index Page 1

Index		Page
A		Bill taken for confessed and account of administration directed }	38
A	Page	Bill dismissed with Costs	40
Attached effects discharged	23	Bill taken for confessed	45
Attachment awarded against a witness refusing to be examined as a witness }	23	Bond for Costs the plaintiff being as non resident of this Commonwealth }	81
Account of administration directed	25	Bond upon an Injunction obtained by a pauper }	81
Account on motion to dissolve directed	25	Bond upon an Injunction to restrain the deft from proceeding on a writ of forcible entry and detainer	82
Appeal dismissed for want of Jurisdiction	42	Bond upon an appeal on a Writ of Supersedeas to a decree of the County Court	82
Appeal dismissed the record being produced by the appellee }	43	Bond upon an appeal on a Writ of Supersedeas to a decree of the County Court	82
Accounts referred to Arbitrators	46	Bond upon an appeal from a decree of the high Court of Chancery to the Court of Appeals	83
Attachment for not performing decree	47	Bond upon an Injunction to stay Waste	83
Attachment against a witness for failing to appear before Commissioner }	54	Bond to discharge Attached effects	84
Attachment for performing an order of Court }	55	Bond upon a Writ of No Exeat	84
Affidavit of securities to bonds	86	Bond to perform the future decree of the court in cases of absentees	85
Affidavit of Witness to bonds	86	Bond upon a bill of review	85
B		C
B		C
Bill taken for confessed against and Subpoena to revive being executed }	30	Certiorari awarded on Security being given	29
Bill taken for confessed against absentees and account directed }	38	Commissioners appointed to allot dower	31
Bill of Interpleader filed and receiver appointed }	38	Certiorari awarded	46
		Certificate of dismission at the rules for want of the Bill	51

Index Page 2

	Page		Page
Certificate of dismission at the rules for at the rules for want of Security for Costs	51	Decree Set aside, report recommitted the deft ordered to deliver the books and papers and the suit not to abate by the death of either of the parties	30
Certificate that the bond required on obtaining an Injunction is given	51	Decree suspended and report recommitted	35
Certiorari Writ of	60	Decree reviewed, and affirmed and bill dismissed with Costs
Certiorari on an Appeal	61	Decree against absent deft and division of land ordered	36
Certiorari	61	Demurrer overruled, the deft ordered to answer and the cause Sent to the rules	40
Commission of partition	63	Decree on a forthcoming bond	41
Certificate of the Judge of the high Court of Chancery on the discharge of a prisoner bought before him by virtue of a writ of Habeas Corpus	68	Dismission of the rules set aside	42
Certificate of the Judge remanding the prisoner to Jail	68	Decree on foreign Attachment against absentees	48
D		Decree to foreclose a Mortgage	49
D		Decree of the County Court reversed; cause retained, Supplemental bill and answer and Gen^e Rep^e Commission	29
Demurrer overruled and account ordered	11
Decree reversed cause remitted to the county court to be there further proceeded in	16
Decree of the County Court reversed and bill dismissed with Costs	17	E
Decree making injunction perpetual in part and dismissing bill as to the residue	19	E
Decree dissolving injunction as to part and perpetuating the same as to the residue	19	Exceptions overruled and report confirmed	40
Decree affirming with costs the decree of the County Court	20	Elegit Writ of	75
Demurrer overruled and deft ordered to answer	29

Index Page 3

F	Page	I	Page
F		I
Fieri facias on a decree reviewed by Scire facias	71	Injunction to part of a judgment obtained by assignees	1
Fieri facias on a decree of the high Court of Chancery and for costs in the County Court	71	Injunction to a judgment against Sheriff and securities	2
Fieri facias for Costs in different Courts	72	Injunction to a Judgment on a forthcoming bond	2
Fieri facias for costs in the County Court, high Court of Chancery, and Court of Appeals	72	Injunction to a Judgment on a forthcoming bond against the plt and securities for the delivery of property at the day of sale	2
Fieri facias facing for Costs in the County Court	73	Injunction to a judgment in a forthcoming bond as to 8 years Interest	2
Fieri facias for Costs of appeal to the high Court of Chancery	74	Injunction to a Judgment in a forthcoming bond, which Judgment was affirmed on an appeal to the district Court	2
G		Injunction to executions now in the Sheriffs hands	3
G		Injunction to a Judgment and to a bond given in virtue of our execution sued out on the said Judgment	3
		Injunction to inhibit the Sergeant from proceeding to distrain for surveyors fees	4
		Injunction prohibiting trustee from proceeding to sell trust property	5
		Injunction to part of a Judgment obtained by assignees	5
		Injunction to continue to the end of a certain period then to cease unless cause be shown to the contrary after giving notice to the deft as is required	5
		Injunction to a Judgment and to two others to be confessed in the actions now depending in Court	6
H
H
Habera Facias possession Writ of	66
Habeas Corpus Writ of	67

Index Page 4

	Page
Injunction to two Judgments specifying the sums injoined	6	Issue directed before another Court	33
Injunction inhibiting commissioners from proceeding to sell land	7	Injunction awarded after part of the money had been received	39
Injunctions to Judgments obtained ag^t the plt in different characters and in different Courts	7	Injunction abated as to one deft, heard as to the other, made perpetual in part and bill dismissed as to the residue	41
Injunction upon plts confessing Judgment	8	Injunction dissolved	44
Injunction to Judgment as a forthcoming bond	8	Issue directed	46
Injunction to Judgments obtained in different Courts	9	Injunction to a Judgment awarded	49
Injunction to two Judgments the sums recovered by the said Judgments being specified	9	Injunction to stay Waste	66
Issue directed to be made up to try certain facts and the cause remitted to the County Court	13	K
Issue directed upon motion to dissolve the injunction, leave given the deft to plead to the declaration on which the Judgment was rendered and the Verdict to be Certified	14	K
Issue directed [&.c]	18
Injunction awarded on Attachment	20
Injunction made perpetual as to £ , and deft A. ordered to pay £10 18 8 ¾ to deft T	21	L
Issue directed	24	L
Issue directed respecting a will	28	Lunacy Writ of	64
Issue directed on motion to dissolve and leave given the deft to give in evidence discounts	32

Index Page 5


M		Order suspending the execution of a decree discharged	Page
M		Order suspending the execution of a decree discharged	34
Mandamus writ of	64	Order discharging suspension of the execution of a decree upon certain conditions	35
N		Order taking bill for confessed set aside
N		Order taking bill for confessed set aside	43
		Order reviewing decree the Subpoena Scire facias being executed	47
		Order reviewing suit by consent	48


O		P
O		P
Order allowing petition of appeal, and awarding Supersedes and a Writ of Certiorari	22	Plea to stand as an answer and leave given the deft to put in a further answer	12
Order reviving suit in scire facias	22	Petition and allotment directed and report to be made	12
Order directing proceedings in the nature of a writ of enquiry to be had if the defendant refuse to join the issue directed by a former order	24	Plea to stand for an answer	17
Order taking bill for confessed in case of absentees and decree for conveyance	26	Partition directed and leave to make other parties	38
Order requiring defts to show cause why the plt should not have the benefit of his injunction without giving security	26	Property restored	25
Order directing absentees land to be allotted and assigned by comrs	27	Partition directed if the deft shall fail to perform certain stipulations	27
Order directing another trial of the issue and leave given to amend the plea to the declaration	31	Publication	43
		Partition directed and report to be made	44
		Q
		Q

Index Page 6

R		S
R	Page	S	Page
Review	4	Subpoena in Chancery	1
Report recommitted with exceptions	14	Scire facias executed suit revived	22
Report recommitted	15	Subpoena executed order to revive	22
Report confirmed. Injunction dissolved in part and made perpetual in part	18	Scire facias executed decree out of date revived	32
Report confirmed and a sum of money decreed to be paid	45	Supersedeas in cases where the bonds are executed in the Office	53
Rule of Court respecting commissions	77	Supersedeas awarded to a decree of the high Court of Chancery and appeal allowed on petition	53
Rule of Court respecting the return of Subpoenas	77	Supersedeas to a decree of the high court of Chancery	54
Rule of Court respecting Securities to injunctions	77	Scire facias to review a decree of the County Court in the name of the appellants representatives	55
Rule of Court respecting exceptions to commissioners reports	77	Scire facias to revive in the names of the executors of the plt and against the executors of the deft	56
Rule of Court respecting the dismission of suits	78	Scire facias to revive an appeal the appellant being dead, his exors refuse to qualify and admor committed to E.F.	57
Rule of Court respecting orders directing Issues	78	Scire facias to revive the plt dies intestate	57
Rule of Court directing papers read here to be read on trial of the issue	78	Scire facias to revive a decree that is out of date	58
Rule of Court respecting motions to dissolve Injunctions	78	Scire facias to revive	59
Rule of Court respecting the examination of accounts	79	Sequestration Writ of	62
		Subpoena to Summon Witness to appear before a magistrate to be examined	69

Index Page 7

T
T
V
V
Venue changed	15
Venue changed a transcript of the record of the former Court directed to be transmitted to the latter Court	33
W
W
Witness attendance	21
Witness allowance for attending before a Commissioner	22
Writ of Sequestration	62
Writ of Lunacy	62
Writ of Mandamus	64
Writ of possession and Fi: Fa	65
Writ of possession	65
Writ of Habeas Facias possession	66
Writ of Waste	66
Writ of Habeas Corpus	67

Sample Index Table


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Widths stay in last row	11	Widths stay in last row	12

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

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

[5] 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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