114 BURGH v. SCOTT.—1 BLAND.

It was in these characters, that it presented itself to the mind
of the Chancellor, when it was first laid before him. He then felt,
as he still does, a strong impression, that these different characters
and alternative aspects, and prayers, were so entirely incompatible,
as to be incapable of being blended together in the same bill;
Perry v. Phelips, 17 Ves. 176; but he conceived, that if it could be
sustained in all, or any of them, the parties complaining would be
entitled to relief. And, under this impression, it seemed to him
fit and proper, to suspend, at least for a season, the execution of
the decree, until these matteis could be more carefully canvassed,
and both parties could be heard. And therefore it was, that he
passed the order of the 16th of November last; which operated as
an injunction, and was intended so to operate, (g)

(g) Restrictive orders, staying the execution of the Court's own decree, so
common in England, have always there, Edin. Inj. 309, as here, been con-
sidered as injunctions, and been treated accordingly, Norwood v. Norwood,
MS. 1808.

CLAPHAM v. THOMPSON —This was a bill to account, &c.. filed on the 22d
of September, 1787, praying for relief, and also for an injunction to stay a
sale under a fieri facias from this Court. Upon which was passed the fol-
lowing order:

ROGERS, C., 22d September, 1787.—On the bill of complaint exhibited in
this Court by Josias Clapham and Mary Carey, against Cornelius Thompson,
John Thompson, and Ann McDonald—it is ordered by the Chancellor, ac-
cording to the prayer of the said bill, that the sales of the property of the
said Josias Clapham and Mary Carey, taken by the sheriff of Frederick
County, by virtue of a fieri facias issued from this Court in the names of
Cornelius Thompson, John Thompson, Angus McDonald and Ann his wife,
against the lands and chattels of the said Josias Clapham and Mary Carey,
and advertised for sale on the twenty-fifth instant, be stayed; and that the
sheriff of Frederick County forbear and desist from making any sale of the
said property, or any part thereof, until further order of the Chancery Court.
And it is further ordered, that the depositions of witnesses, taken before a
single magistrate, be received in evidence in this cause, upon giving five
days' notice to the adverse party.

Some time after which, the depositions of sundry witnesses having been
taken, the case was again brought before the Court.

ROGERS, C., June, 1789.—Ordered, that an account be stated and taken
between the parties; and that commission issue to Randolph B. Latimer and
Robert Denny, as auditors, to state and take the said account; and that the
said auditors apply to this Court for instructions in adjusting the said ac-
count, as occasion may require. *

And the cause so standing continued until December Court, seventeen
hundred and eighty-nine, a commission issued to the said auditors to state,

* In cases of payments made in bills of credit, it was declared, that the
Chancellor might appoint the register or other person to state and adjust the
claims, and to strike the balance. June, 1780, ch. 8, s. 17.