SoS_Will_Books_45_007

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HLFLYNN at Dec 27, 2023 12:43 AM

SoS_Will_Books_45_007

1

No. Carolina ss: Att a Court of Chancery holden at the house of [illegible]
Edwd: Hyde Esqr in Chowan on Thursday the 25th Day
of August Ano Dom: 1712

Present the Honble: Edwd: Hyde Esqr. Govr: Capt. Genll, & Commander
in Chief

{ Thos Pollock }
The Honble { Na Chevin } Esqrs. Lds. proprs. Deptys
{Tb: Knight }

Upon Petition of Samll: Mills Mstr of the Hanah & Mary Galley
praying a rehearing may be had upon the Tryall of the afsd. Galley now
undr. condemnation by Judgment in the Court of Admlty. for that he Say
that the Same Judgmt. is very uncertain & Erronious & for the following
reasons (vizt) that he the Sd. Mills was denyed Councell to plead
in defence of the Sd Vessell; Secondly that the Sd vessell was Lybelled
Tryed, & Condemned by a wrong name, & Thirdly that the Judgmt.
in genll: is Errounous & contrary to the act of Parliamt. on wch
Shee was Lybelled.

Whereupon it is ordered that an Injunction doe
go out to Stop all further proceedings agt. the Sd. Vessell
untill a rehearing be had before such Delegates as
Shall be appointed for that purpose from the Court of
Chancery in this Governmt. persuant to the Laws in Case
made & provided.

Ordered that the afsd Samll. Mills doe put in Security to Mr. Drinkwater
to prov. his appeal wth: Effect & pay Costs in Court

SoS_Will_Books_45_007

1

No. Carolina ss: Att a Court of Chancery holden at the house of [illegible]
Edwd: Hyde Esqr in Chowan on Thursday the 25th Day
of August Ano Dom: 1712

Present the Honble: Edwd: Hyde Esqr. Govr: Capt. Genll, & Commander
in Chief

{ Thos Pollock }
The Honble { Na Chevin } Esqrs. Lds. proprs. Deptys
{Tb: Knight }

Upon Petition of Samll: Mills Mstr of the Hanah & Mary Galley
praying a rehearing may be had upon the Tryall of the afsd. Galley now
undr. condemnation by Judgment in the Court of Admlty. for that he Say
that the Same Judgmt. is very uncertain & Erronious & for the following
reasons (vizt) that he the Sd. Mills was denyed Councell to plead
in defence of the Sd Vessell; Secondly that the Sd vessell was Lybelled
Tryed, & Condemned by a wrong name, & Thirdly that the Judgmt.
in genll: is Errounous & contrary to the act of Parliamt. on wch
Shee was Lybelled.

Whereupon it is ordered that an Injunction doe
go out to Stop all further proceedings agt. the Sd. Vessell
untill a rehearing be had before such Delegates as
Shall be appointed for that purpose from the Court of
Chancery in this Governmt. persuant to the Laws in Case
made & provided.

Ordered that the afsd Samll. Mills doe put in Security to Mr. Drinkwater
to prov. his appeal wth: Effect & pay Costs in Court