The transactions of the High Court of Chancery, both by practice and president,: with the fees thereunto belonging, and all speciall orders in extraordinary cases, which are to be found in the registers office as they are quoated by tearmes yeares & bookes. Collected by that famous lawyer William Tothill Esq; late one of the 6 clearks. And since reveiwed [sic] by Sir Ro: Holborne, bencher of Lincolns-Inne.

Injunctions.

INjunctions for possession or for stay of Suits after verdict, are to be presented to the Lord Keeper, or Lord Chancel∣lor, being together, with the Orders whereupon they goe forth; that his Lordship may take consideration of the Orders before he signe them.

No Injunction of any nature shall be granted, revived, dissolved, or staid upon private Petition.

No Injunction to stay Suits at the common Law, shall be granted upon Prioritie of Suite only:

Or upon the Surmise of the complai∣nants Bill only.

But upon matter confessed in the An∣swer of the Defendant.

Or matter of Record.

Or writing plainly appearing.

Or when the Defendant is in con∣tempt for not answering.

Or when the debt desired to be staid, appeareth to be old, and hath slept long.

The creditor and the debter have been dead some good time, before the Suite brought.

Where the Defendant appears not, but sits an Attachment: Or when hee doth appeare and departs without an∣swer, and is under attachment for an an∣swering: Orwhere he takes Oath, that he cannot answer without sight of Evi∣dences in the Countrey: Or absenting himselfe in one private place, or beyond Sea, and cannot be found to be served with a Sub-paena, upon Oath made, an Injunction is usually granted.

In all these cases, an Injunction may be granted, for stay of suites at the Common Law, untill the party answer, or appeare in person in Court, and the Court give further order.

An Injunction never is dissolved with∣out motion on the adverse part.

In the case aforesaid, where an Injun∣ction is to be granted, for stay of suits at

the common Law; if the like Suits be in the Chancery, either by Scire facias or by Priviledge or English Bill; then the Suit is to be staid by order of the Court, as it is in other Courts by Injunction.

An Injunction is usually granted, if the party Defendant be in Contempt, or matter confest, though after an arrest or further proceedings at Law without bringing money in Court.

Injunctions for Possession are not to be granted before a Decree, but where the Possession hath continued by the space of three yeares past before the Bill exhibi∣ted, and upon the same Title, and not upon any Title by leave or determined.

In case where the Defendant sits all the processe of Contempt, and cannot be found by the Sergeant at Armes, or resists the Sergeant, or make res∣cues, a Sequestration shall be granted of the Land in question, and if the Defen∣dant doe not render himselfe within the yeare, then an Injunction shall be gran∣ted for the Possession.

Injunctions against the felling of Tim∣ber, or plowing up of ancient Pastures, or for the maintaining of Inclosures, or the like, shall be granted according to

the circumstances of the case, but not in case, where the Defendant upon his answer, claimeth a state of inheritance, except it be where he claimeth the Land in trust, or upon some other speciall ground.

Injunctions shall be enrolled, or the Transcripts thereof be filed.