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thereto, the plaintiff not having obtained leave of the Court to file the supplemental bill. The question argued was, whether the plaintiff's proper mode to bring the new-discovered facts before the Court was not by amendment, in which case leave of the Court should have been first obtained pursuant to the 15th order, 1828. The Court, however, considered that it was not contrary to the construction of the Court upon that order, that such a supplemental bill should be filed, and accordingly over-ruled the demurrer (Pemberton v. Walford, 7 Jur. 364; but see Colclough v. Evans, 4 Sim. 76, and Attorney General v. Fishmongers' Comp., 4 My. and Cr. 1).

Where a plaintiff, after the cause was in such a state that the original bill could not be amended, filed a supplemental bill, without having obtained leave of the Court, stating therein circumstances which happened prior to filing the original bill, but which came to the plaintiff's knowledge too late to be introduced by amendment, all of which circumstances were corroborative of the case made by the original bill, and the supplemental bill prayed no other relief than that prayed by the original bill, the defendants answered the supplemental bill, but by answer objected that the bill was irregular, and claimed the benefit of such objection. At the hearing, the Court over-ruled the objection, drawing a distinction between a case where a plaintiff puts in issue facts which happened prior to the original bill and in support of the issue therein raised, and facts which happened after the original bill was filed. It was also held that if a supplemental bill be irregularly put upon the file, the proper course for the defendant is to demur, if the objection appear upon the face of the bill; if not, to move that such bill may be taken off the file (Ranger v. Great Western Railway Company, 7 Jur. 935).

SECTION 11.

INFORMATION.

An information follows the nature of a bill, except in style, and is the proper proceeding in cases which concern the rights of the crown solely, or of those whose rights the crown takes under its peculiar protection, as the objects of a charity. It is exhibited in the name of the Attorney General, or Solicitor General, as informant, and in all cases not concerning the crown, as well as in some concerning it, a relator is named, who in reality sustains and directs the suit. If the relator have an interest, he sustains the character of plaintiff also, and the pleading is then styled an information and bill (Gr. C. P. 29).

An information is prepared in a similar manner to a bill, after which it must be signed by the Attorney General, for which purpose counsel must certify that the information is proper for his sanction. The solicitor must also certify that the relator is competent to pay the costs of the information, and that the engrossment is a true copy of the draft prepared by counsel, and thereupon the Attorney General signs the engrossment, which is afterwards filed in the usual way.

If the information is amended, it must be sanctioned and signed by the Attorney General, otherwise it may be taken off the file (Attorney General v. Fellowes, 1 Jac. & W. 254; and see Attorney General v. the Ironmongers' Co., 2 Beav. 313).

CHAPTER II.

PARTICULAR WRITS.

SECTION 1.

INJUNCTION.

An injunction is a writ in the nature of a prohibition, issuing out of the Court of Chancery. Injunctions may be divided into two classes; 1st, special injunctions, by which parties are restrained from committing waste, damage, or injury to the property of others; and 2nd, common injunctions, by which a party is restrained from proceeding with an action in a Court of Law.

In order to ground an application for an injunction, it is necessary that a bill should have been first filed, and the writ must not only be prayed for in the prayer of relief, but also in the prayer of process (Wood v. Beadell, 3 Sim. 273).

1. Special Injunction.

When to be applied for.] A special injunction may be applied for at any stage of the proceedings, and may be obtained as well in the vacation as in term, or whether the Court be sitting or not (Temple v. Bank of England, 6 Ves. 770). If applied for in the long vacation, after the Court has risen, the plaintiff must present a petition, containing the substance of the bill, and supported by an affidavit.

How applied for.] The special injunction is in some cases granted on an exparte application, while in others it is necessary to serve the defendant with notice of motion. When the grievance sought to be restrained is very pressing, the injunction may be applied for upon a certificate of the bill having been filed, and an affidavit verifying the statements in the bill, without either serving the defendant with subpoena to appear or notice of

motion. In cases of less urgency, the Court will grant the injunction before answer, but will require the defendant to be served with notice of motion.

Every application for a special injunction before answer, except in an interpleader suit, must be supported by an affidavit verifying the statements in the bill. The affidavit is usually made by one of the plaintiffs, but may be sworn to by any person acquainted with the facts. It must not, however, be sworn until after the bill has been filed.

Having prepared and filed the bill, which is done in the usual way, make a brief thereof and of the affidavit, and hand them to counsel, who will thereupon make the motion; after which, if the order is granted, attend the Registrar of the day with the office copy affidavit, and also a certificate that the bill is filed, which is obtained of the Record and Writ Clerk in whose division the suit is, and for which you pay 4s., and he will thereupon draw up the order. Pay him £2 10s. The order must afterwards be entered with the Entering Clerk, in the usual way.

Notice of] Immediately the Court has pronounced an order for an injunction, if the matter is very urgent, the plaintiff may serve the parties enjoined with a notice in writing, stating that an injunction has been granted, and that it will be sealed and served as soon as it can be passed through the offices (see Form p. 61, Appendix), or a copy of the minutes of the order, signed by the Registrar, may be served personally, at the same time showing the original, either of which will be sufficient to stop the defendant's proceedings, provided the plaintiff loses no time in serving the injunction (Van Sandau v. Rose, 2 J. & W. 264).

How prepared and issued.] Having obtained the order, the next step is to prepare the writ. This was formerly done by the clerk in Court, upon your furnishing him with the necessary instructions, but in

future this duty is to be performed by the solicitor (16th ord. 26 Oct. 1842). The writ is to be sealed by the Clerk of the Records and Writs, who is to ascertain that it is correct and that the party presenting it to be sealed is entitled to sue out the same (4th id.). It must also be indorsed with the solicitor's name and address, in the same manner as previously directed with respect to a bill (17th id.). Prepare the writ (see Form, p. 42, Appendix), which must be engrossed on parchment, in words at length; after which a docquet thereof, which is an abbreviated copy on brief paper, must be made. Take the writ, docquet, and order to the Clerk of the Records and Writs in whose division the suit is, and he will seal the writ and file the docquet and order. Pay him £1 10s.

Service of] Each party enjoined must be served with a copy of the writ. These copies should be written at length on brief paper, and carefully examined, after which they must be served upon the defendants personally, and at the same time the original writ should be produced. A memorandum of the service should afterwards be made on the back of the writ.

How dissolved.] In order to dissolve a special injunction, the defendant must serve the plaintiff's solicitor with notice of motion. The defendant may either move on affidavit in opposition to those filed by the plaintiff, or he may wait until he has filed his answer, and then move on the merits therein disclosed.

An affidavit filed simultaneously with or after an answer is put in, cannot be read in support of an application to dissolve an injunction (Barwell v. Brook, 7 Jur. 364.

2. Common Injunction.

When to be applied for.] As soon as the plaintiff has filed his bill and served a subpoena in the usual

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