(a) Order for an Injunction on an Attachment. At the Rolls. Master of the Rolls. Thursday, the day of in the year of the reign of our Sovereign Lord King George the Fourth. Between A. B., plaintiff, and C. D. and E. F., defendants. FORASMUCH as this court was this present day informed by Mr. being of the plaintiff's counsel, that the defendants being served with process to appear to and answer the plaintiff's bill, refuse so to do, are in contempt to an attachment for want thereof, and yet in the mean time prosecute the plaintiff at law for the matters in the bill complained of: It is thereupon ordered, that an injunction be awarded against the said defendants for stay of their proceedings at law, for and touching any matters here in question, until the said defendants shall appear to and fully answer the plaintiff's bill, clear their contempt, and this court make other order to the contrary: but the said defendants are, in the mean time, at liberty to call for a plea, and proceed to trial thereon, and, for want of a plea, to enter up judgment; but execution is hereby stayed. (b) Docket for an Injunction on Attachment. THE King, and so forth. To their counsellors, attornies, solicitors, and agents, greeting: Whereas it is represented to us in our Court of Chancery, on the part of A. B., complainant, that he hath lately exhibited his bill of complaint in our said Court of Chancery, against you, the said C. D. and E. F., defendants, touching the matters therein contained, and that you, the said defendants, being served with a writ issuing out of our said court, commanding you to appear to and answer the said bill, have not obeyed the same, but are in contempt to an attachment for not appearing to and answering the said bill; and yet, in the mean time, you unjustly, as is alleged, prosecute the said bill complainant at law touching the matters in the said bill complained of: We, therefore, in consideration of the premises, do strictly enjoin and command you, the said C. D. and E. F., and all and every the persons before mentioned, under the penalty of two hundred pounds, to be levied on you and each of your lands, goods, and chattels, to our use, that you and each of you do absolutely desist from all further proceedings at law against the said complainant, touching any of the matters in the said bill complained of, until you and each of you shall appear to and fully answer the said complainant's said bill, clear your contempts, and this court make other order to the contrary; but, nevertheless, the said defendants are at liberty to call for a plea, and proceed to a trial thereon, and for want of a plea to enter up judgment; but execution is hereby stayed. Witness the King at Westminster, the year of his reign. day of in the (a) The Form of a Writ of Injunction. GEORGE the Fourth, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth. To his counsellors, attornies, solicitors, and agents, and every of them, greeting: Whereas it hath been represented unto us in our Court of Chancery, on the part of complainant, that he hath lately exhibited his bill of complaint into our said Court of Chancery against you, the said defendant, (a) Harrison's Ch. Pr. 555, to be relieved touching the matters therein contained; and that you, the said defendant, being served with a writ issuing out of our said court, commanding you to appear to and answer the said bill (a), have not obeyed the same, but are in contempt to an attachment for not appearing to and answering the said bill; and yet, in the meantime, you unjustly, as is alleged, prosecute the said complainant at law touching the matters in the said bill complained of: We therefore, in consideration of the premises, do strictly enjoin and command you, the said and all and every the persons before mentioned, under the penalty of two hundred pounds, to be levied on your and every of your lands, goods, and chattels, to our use, that you and every of you do absolutely desist from all farther proceedings at law against the said complainant touching any of the matters in the said bill complained of, until you, the said defendant, shall have fully answered the said bill, cleared your contempt, and our said court shall make other order to the contrary: but, nevertheless, the said defendant is at liberty to call for a plea, and to proceed to trial thereon, and, for want of a plea, to enter up judgment: but execution is hereby stayed. Witness ourself at Westminster, this our reign. day of in the year of (b) On a Dedimus. [In injunctions on a dedimus, order for time, or insufficient answer, these words are to be left out, viz. have cleared your contempt.] To which bill, you, the said defendant, have appeared, but, for delay, have craved a commission to take your answer in the country. (a) If injunction on a dedimus, &c. vide post. (a) On an Order for Time. To which bill you, the said defendant, have appeared, but, for delay, have obtained an order of our said court for time to answer the same; and yet, in the meantime prosecute, &c. (b) On an insufficient Answer. To which bill you, the said defendants, have appeared, but, for delay, have put in an insufficient answer; and yet, in the meantime prosecute, &c. (c) On an Attachment for Want of an Answer. To which bill you, the said defendant, have appeared, but have not answered the same, and are in contempt to an attachment for want thereof; and yet, in the meantime prosecute, &c. (d) Form of an Injunction in the Exchequer to stay Proceedings at Law. GEORGE, &c. To C. D., and to all and singular your counsellors, attornies, solicitors, and agents, greeting: We firmly enjoin and command you, and every of you, that from and immediately after your receipt or notice of this, our writ, by you or any of you had, you or any of you do not commence or further prosecute any action, suit, bill, or plaint, (b) Ib. (c) Ib. (d) 1 Fowl, Ex. Pr. 217. (a) Harrison's Ch. Pr. 556. or enter any judgment, or sue out or levy any execution in any of our courts at the common law against A. B., touching any of the matters contained in a certain bill of complaint lately exhibited by him, the said A. B., complainant, before the Chancellor and Barons of our Court of Exchequer at Westminster, against you, the said C. D. and others, defendants; but that you and every of you do from henceforth wholly and entirely surcease and desist from the commencing or further prosecuting any such action, suit, bill, or plaint, and from entering any such judgment, or suing out or levying any such execution, until you, the said C. D. (shall have appeared to and fully answered) the said bill, and our court shall make further order thereupon; (but if issue is or can be joined in any such suit or action, then you may proceed to a trial thereof; but you are not to enter up judgment, or sue out execution thereon (a)). And hereof you are not to fail, on pain of five hundred pounds, which we will cause to be levied on your goods and chattels, lands and tenements, to our use, if you neglect to obey this our command. Witness Sir Alexander Thomson, Knight, at Westminster, the day of By order of court, made the same day, and by the Barons. (Indorsed) STEELE. FOWLER. (b) Notice of Motion for an Injunction upon opening a material Exception or Merits. In the Exchequer. TAKE notice, that this honourable court will be moved on next, or so soon after as counsel can be heard, that (a) This clause to be inserted in Hilary and Trinity terms only, and in country causes only. (b) 1 Fowl. Ex. Pr. 232. |