of the jury upon the questions which they answer, the Judge shall enter the verdict, and the verdict, so entered, shall be as effectual as if the same had been the verdict of the jury. And on the trial of any such case, counsel may require the Judge presiding to submit to the jury any pertinent or relevant question raised by any of the issues or necessary to be answered by the jury in order to a complete determination of all matters involved in the case; and in the event of any presiding Judge refusing to put to the jury any question required by a counsel to be so submitted, such refusal may be used as a ground for a new trial.

19. The Court or the Judge before whom the cause is tried, may, if they or he see fit so to do, upon the application of the plaintiff in any action for the detention of any chattel, order that execution shall issue for the return of the chattel detained, without giving the defendant the option of retaining such chattel upon paying the value assessed; and that if the said chattel cannot be found, and unless the Court or Judge should otherwise order, the Sheriff shall distrain the defendant by his lands and chattels till the defendant render such chattel, or, at the option of the plaintiff, that he cause to be made of the defendant's goods the assessed value of such chattel: Provided that the plaintiff shall, either by the same or a separate writ of execution, be entitled to have made of the defendant's goods the damages and costs in such action.

20. In all actions for breach of contract to deliver specific goods for a price in money, on the application of the plaintiff, and by leave of the Judge before whom the cause is tried, the jury shall, if they find the plaintiff entitled to recover, find by their verdict what are the goods in respect to the non-delivery of which the plaintiff is entitled to recover, and which remain undelivered; what (if any) is the sum the plaintiff woud have been liable to pay for the delivery thereof; what damages (if any) plaintiff would have sustained if the goods should be delivered under execuion, as hereinafter mentioned; and what damages, if not so delivered. And thereupon, if judgment shall be delivered for the plaintiff, the Court or aJudge thereof, at its or his discretion, on the application of the plaintif, may order execution to issue for the delivery, on payment of such sum (if any) as shall have been found to be payable by the plaintiff, as aforesaid, of the said goods, without giving the defendant the option of retaining the same, upon paying the damage assessed; and such writ of execution nay be for the delivery of the said goods; and if such goods so ordered to le delivered, or any part thereof, cannot be found, and unless the Cout or Judge aforesaid shall otherwise order, the Sheriff or other officer & the

Court shall distrain the defendant by his lands and chattels within the jurisdiction of the Court, until the defendant deliver such goods, or, at the option of the plaintiff, cause to be made of the defendant's goods the assessed value or damages or a due proportion thereof: Provided that the plaintiff shall, either by the same or separate writs of execution, be entitled to have made of the defendant's goods the damages, costs and interest in such action.

21. In an action founded upon a bill of exchange or other negotiable instrument, the Court or a Judge may order that the loss of such instrument shall not be set up as a defence: Provided that an indemnity is given to the satisfaction of the Court or Judge against the claims of any other person under such negotiable instrument.

22. The Court, on the application of any party, or without such application, if the nature of the case requires it, may appoint one or more assessors to advise the Court in any matters requiring nautical or other expert or professional knowledge. The fees of such assessors shall be paid in the first instance by the plaintiff, unless the Court shall otherwise order.

23. In case any person neglects or refuses to comply with a judgment or order directing him to execute any conveyance, contract or other document, or to endorse any negotiable instrument, the Court or Judge may, on such terms and conditions (if any) as may be just, order that such conveyance, contract or other document shall be executed, or that such negotiable instrument shall be endorsed by such person as the Court or Judge may nominate for that purpose; and in such case the conveyance, contract, document or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it.

24. Whenever any trustee or other person acting in a fiduciary capacity obtains leave from the Court or Judge to bid at any sale of the trust estate or part thereof, and to become the purchaser thereof, the Court or Judge may by the order granting such leave direct that any deed or other instrument of conveyance of the said trust estate to the purchaser may be executed by the Registrar of the Court, and such deed or other instrument when so executed shall be of the same force and effect as if it were executed by the said trustee or other person aforesaid.

RULES OF LAW.

25. In every civil cause or matter commenced in the Supreme

Court, Law and Equity shall be administered according to the rules folfollowing:

(1) If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief, upon any equitable ground, against any deed, instrument or contract, or against any right, title, or claim whatever asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which heretofore could only have been given in equity, the said Court and every Judge thereof, shall give to such plaintiff or petitioner such and the same relief as ought to have been given in a suit or proceeding in equity for the same or the like purpose properly instituted before the passing of this Chapter.

(2) If any defendant claims to be entitled to any equitable estate or right, or to relief, upon any equitable ground, against any deed, instrument, or contract, or against any right, title, or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter, the said Court, and every Judge thereof, shall give to every equitable estate right or ground of relief so claimed and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such plaintiff or petitioner, as the Court ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted in equity for the same or the like purpose before the passing of this Chapter

(3) The said Court, and every Judge thereof, shall also have power to grant to any defendant in respect of any equitable estate or right, or other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by him, all such other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by him, all such relief against any plaintiff or petitioner as such defendant shall have properly claimed by his pleading, and as the said Court or any Judge thereof might have granted in any suit instituted for that purpose by the same defendant against the same plaintiff or petitioner and also all such relief re

lating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person whether already a party to the same cause or matter or not, who shall have been duly served with notice in writing of such claim pursuant to any rule of Court, or any order of the Court, as might have been granted against such person if he had been made a defendant to a cause duly instituted by the same for the like purpose; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim as if he had been duly sued in the ordinary way by such defendant.

(4) The said Court, and every Judge thereof, shall recognize and take notice of all equitable estates, titles and rights, and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the Court in Equity would have recognized and taken notice of the same in any suit or proceeding instituted therein before the passing of this Chapter.

(5) No cause or proceeding shall be restrained by prohibition or injunction; but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained, if this Chapter had not passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto : provided always that nothing in this Chapter contained shall disable the Court from directing a stay of proceedings in any cause or matter pending before it if it shall think fit; and any person, whether a party or not to any such cause or matter, who would have been entitled, if this Chapter had not passed, to apply to the Court to restrain the prosecution thereof, or who may be entitled to enforce by attachment or otherwise any judgment, decree, rule or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply by motion in a summary way for a stay of proceedings in such cause or matter, either generally or so far as may be necessary for the purposes of justice, and such order shall thereupon be made as shall be just.

(6) Subject to the foregoing and any other provisions of existing law, all legal claims and demands, and all estates, titles, rights, duties, obligations and liabilities existing by the common law or custom, or created by statute, shall be recognized and given effect to by the said Court and Judges, as they would have been prior to the commencement of this Chapter.

(7) In every cause or matter the Court and Judges shall grant either absolutely or on such reasonable terms and conditions as shall seem just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to, in respect of any and every legal or equitable claim properly brought forward in such cause or matter, so that as far as possible all matters so in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any such matters avoided.

(8) An estate for life without impeachment of waste shall not confer or be deemed to have conferred upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right shall expressly appear by the instrument creating such

estate.

(9) There shall not be any merger by operation of law only of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity.

(10) A mortgagor entitled for the time being to the possession or the receipt of the rents and profits of any land, as to which no notice of his intention to take possession or to enter into the receipt of the rents and profits thereof shall have been given by the mortgagee, may sue for such possession or distrain for the recovery of such rents or profits, or to prevent or recover damages in respect of any trespass or other wrong relative thereto in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person, and in that case he may sue or distrain jointly with such other person.

(11) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice.