an injunction may issue upon opening a material exception to the defendants' answer, or, in case the exception shall not be held material, then that an injunction may issue upon the merits. Dated this J. S. Plaintiff's solicitor. day of (a) Injunction till Hearing. GEORGE, &c. To C. D., and to all and singular your counsellors, attornies, solicitors, and agents, greeting: Whereas A. B., complainant, hath lately exhibited his bill before the Chancellor and Barons of our Court of Exchequer at Westminster against you the said C. D., defendant, praying relief touching the matters therein mentioned. And whereas, by an order of the said court made in the said cause on the day of it was ordered that an injunction should issue, under the seal of our said court, to restrain (here insert the words of the order) until the hearing of this cause, or until our said court shall make further order thereupon. We therefore 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, 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 his said bill of complaint, 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, and suing out or levying any such execution, until our said court shall have made further (a) 1 Fowl. Ex. Pr. 233. order in this cause to the contrary: 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, &c. the day of year of our reign. By order of court made the same day, and by the Barons. in the ELIOT. (a) An Injunction to stay committing Waste. GEORGE the Fourth, &c. To A. B. and his workmen, labourers, servants, and agents, and each and every of them, greeting: Whereas it hath been represented unto us in our court of Chancery, in a certain cause there depending, wherein C. D. is complainant, and you the said A. B. are defendant, on the part of the said complainant, that, &c. (as in the order). We therefore, in consideration of the premises aforesaid, do strictly enjoin and command you the said A. B. and your workmen, labourers, servants, and agents, and all and every one of you, under the penalty of one thousand pounds, to be levied upon your and each and every of your lands, goods, and chattels, to our use, that you and every one of you do from henceforth altogether absolutely desist from felling or cutting down any timber or other trees standing, growing, or being in or upon the premises in question, or from committing or doing any other or further waste or spoil in or upon the said premises, or any part thereof, until our said court shall make other order to the contrary. Witness, &c. (a) Harrison's Ch. Pr. 557. (a) A Special Injunction to stay the Defendants from copying, engraving, &c. and selling of Prints, pursuant to an Act of Parliament, 8 Geo. 2. GEORGE, &c. To and also to their and every one of their servants, workmen, and agents, to all and every of them greeting: Whereas, on the day of last, it was alleged to us in our Court of Chancery, by counsel on behalf of and his wife, plaintiffs against you the said defendants, that, by an act of parliament made in the eighth year of our reign, it is (amongst other things) enacted, that from and after the twenty-fourth day of June, one thousand seven hundred and thirty-five, every person who should invent and design, engrave, etch, or work in metzotinto or chiaro obscuro, or from his own works and inventions should cause the same so to be done, should have the sole right and liberty of printing and reprinting the same for the term of fourteen years, to commence from the day of the first publishing thereof, unless by the consent of the proprietor first had in writing, and signed in the presence of two.or more credible witnesses, under the penalties in the said act particularly mentioned: That the said plaintiff since the said twenty-fourth day of June, one thousand seven hundred and thirty-five, hath with great labour and expense invented, designed, etched, and engraved about prints, being the representation of, &c.; And on one thousand seven hundred and the day of and thirty-seven, published four of the said prints, representing ; and that, notwithstanding the said act of parliament, you the said defendants have copied, published, and sold the said last four mentioned prints, as by the affidavit of the plaintiff read, appeared: to be relieved wherein, the said plaintiffs have exhibited their bill in (a) Harrison's Ch. Pr. 558. our said Court of Chancery against you the said defendants, as by the Six clerks' certificate appeared; and you the said defendant having put in your answer, thereto, thereby admit to have sold and published the said prints, but say they were sent to you by the said defendant ; and that, as soon as you were informed of the said plaintiffs' right, you sent them back again: We, having regard to the matters aforesaid, and on reading affidavits of notice of the said motions, do therefore strictly command and enjoin you the aforesaid defendants and your servants, workmen, and agents, and all and every of you, under the penalty of one thousand pounds, to be levied upon your and each of your lands, goods, and chattels, to our use, that you, and each and every one of you, do from henceforth altogether desist from copying, engraving, etching, working, publishing, and selling all or any of the aforesaid prints, until the further order of our said Court of Chancery. Witness, &c. (a) Injunction to stay Proceedings in the Spiritual Court. GEORGE, &c. To A. B., and to all and every your attornies, solicitors, agents, proctors, advocates, and assistants whatsoever, and to every of you, greeting. We command and strictly enjoin you, and every one of you, by these presents, that neither you, nor any of you, do for the future, after the receipt of this our writ, or a true copy thereof, proceed on any libel, action, suit, citation, sentence, or other matter whatsoever, which you or any of you have commenced, or shall hereafter commence, on any matter or cause whatsoever, in the Court Christian, before the Right Reverend Father in (a) 1 Fowl. Ex. Pr. 273. GOD, John, by divine providence, Bishop of Exeter, or his vicar-general, commissary, surrogate, or other judge in spiritualities whatsoever, in that behalf or otherwise, in any ecclesiastical judge whatsoever, against J. S., touching or concerning any of the matters or things mentioned or specified in a certain English bill lately exhibited in our Court of Exchequer at Westminster by the said J. S. against you the said A. B.; but that you, and every of you, do surcease and desist from the prosecution of all such libels, actions, suits, citations, sentences, and other matters, and from all manner of proceedings whatsoever thereupon, until you the said A. B. shall have fully answered the said bill, and our said court shall have made further order herein, admonishing you that, to which of your hands this writ shall first come, you immediately give notice thereof to the other persons named therein, under the forfeiture of five hundred pounds; which, if you neglect to obey this our present command, we shall cause to be levied to our use out of your goods and chattels, lands and tenements. Witness, &c. By order of court made the same day, and by the Barons. ELIOT. (a) Injunction to stay Proceedings in the Court of Admiralty. GEORGE, &c. To A. B., and to all and every your attornies, solicitors, agents, proctors, and advocates whatsoever, greeting. For certain causes, the Barons of our Exchequer at Westminster thereunto moving, we command and strictly enjoin you, that, on receipt of this our writ, or notice thereof, by you or any of you had, you do not institute any suit, or (a) 1 Fowl. Ex. Pr. 275. |