atkins case the mayor and corporation of york versus sir lionel Pilkington may  disapprove Kerr v corporation of Preston Ch d comment on saull v brown lr Ch  see also in re Briton medical c assurance association Ch d SC ante vol cite  Ves while suit be depend here the plaintiff indict the defendant agent at the  session where they themselves be judge for a breach of the peace Lord  Hardwicke make a order to restrain the plaintiff from proceed at the session  till the hear of the cause and further order the plaintiff claim the sole  right of fish in the river Ouse the defendant claim right likewise a bill and  cross bill be bring to establish their several right atkins er p while these  suit be depend the plaintiff cause the agent of the defendant to be indict at  York session where they themselves be judge for a breach of the peace in fish  in their liberty a motion be make on behalf of the defendant to stop the  prosecution Lord chancellor this court have not original and strict any  restrain power over criminal prosecution Lord Montague v Dudman Ves and in  this case if the defendant have apply to the attorney general he will have  grant a Nola attendance for when a complaint be ground on a civil right for  which a action of trespass will lie the attorney general of course grant a  Nola attendance this be a complain mere for fish in the river without any  actual breach of the peace which the mayor and corporation say be a trespass  upon they if it can be make appear at law that the plaintiff be both judge and  party it may come out to be in person non judge but it may be difficult to  make out this if action of trespass have be bring way et arms this court will  have stop they vide Eq ab pl but though I can grant a injunction yet I may  certain make a order upon the prosecutor to prevent the proceed on the  indictment atkins suppose it be a suit for a right of land where entry have be  make and the bill be bring to quiet the possession and after that they prefer  a indictment for a forcible entry which be of a double nature as it partake of  a breach of the peace and be also a civil right this court will certain stop  the proceed upon such indictment where party submit their right to the court  they have certain a jurisdiction and may interpose therefore I will make a  order to restrain the plaintiff from proceed at the session till the hear of  the cause and further order