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quia timetsee INJUNCTION.
QUIA TIMET, remedies. Because he fears. According to Lord Coke, "there be
six writs of law that may be maintained quia timet, before any molestation,
distress, or impleading; as. 1. A man may have his writ or mesne, before he
be distrained. 2. A warrantia chartae, before he be impleaded. 3. A
monstraverunt, before any distress or vexation. 4. An audita querela, before
any execution sued. 5. A curia claudenda, before any default of inclosure.
6. A ne injuste vexes, before any distress or molestation. And those are
called brevia anticipantia, writs of prevention." Co. Litt. 100 and see 7
Bro. P. C. 12 5.
2. These writs are generally obsolete. In chancery, when it is contemplated to prevent an expected injury, a bill quia timet (q.v.) is filed. Vide 1 Fonb. 41; 18 Vin Ab. 141; 4 Bouv. Inst. n. 3801, et seq. Bill quia timet.