writ of inquiry or reference to the Master, as the Court or a Judge may order; and the Court may order payment of the amount of such expenses and costs, and enforce payment thereof by execution.

77. Nothing herein contained shall take away the jurisdiction of the Court of Queen's Bench to grant writs of mandamus; nor shall any writ of mandamus issued out of that Court be invalid by reason of the right of the prosecutor to proceed by action for mandamus under this Act.

78. Upon application by motion for any writ of mandamus in the Court of Queen's Bench, the rule may in all cases be absolute in the first instance, if the Court shall think fit; and the writ may bear teste on the day of its issuing, and may be made returnable forthwith, whether in term or in vacation, but time may be allowed to return it, by the Court or a Judge, either with or without terms.

79. The provisions of "The Common Law Procedure Amendment Act (Ireland), 1853," and of this Act, so far as they are applicable, shall apply to the pleadings and proceedings upon a prerogative writ of mandamus issued by the Court of Queen's Bench, but subject to any general rules which the said Court may make, and which it is hereby empowered to make in relation thereto.

80. The Court or a Judge shall have power, if they or he see fit so to do, upon the application of the plaintiff in any action for the detention of any chattel, to 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 a Judge should otherwise order, the sheriff shall distrain the defendant by all his lands and chattels in the said sheriff's bailiwick 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, costs, and interest in such action.

81. In all cases of breach of contract or other injury, where the party injured is entitled to maintain and has brought an action, he may, in like case and manner as herein before provided with respect to mandamus, claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right; and he may also in the same action include a claim for damages or other redress.

82. The writ of summons and plaint in such action shall be in the same form as the writ of

summons and plaint in any personal action; but on every such writ and copy thereof there shall be indorsed a notice that in default of appearance the plaintiff may, besides proceeding to judgment and execution for damages and costs, apply for and obtain a writ of injunction.

83. The proceedings in such action shall be the same, as nearly as may be, and subject to the like controul, as the proceedings in an action to obtain a mandamus under the provisions herein before contained; and in such action judgment may be given that the writ of injunction do or do not issue, as justice may require; and in case of disobedience such writ of injunction may be enforced by attachment by the Court or by a Judge.

84. It shall be lawful for the plaintiff, at any time after the commencement of the action, and whether before or after judgment, to apply ex parte to the Court or a Judge for a writ of injunction to restrain the defendant in such action from the repetition or continuance of the wrongful act or breach of contract complained of, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right; and such writ may be granted or denied by the Court or Judge, upon such terms as to the duration of the writ, keeping an account, giving security, or otherwise, as to such Court or Judge shall seem reasonable and just, and in case of disobedience such writ may be enforced by attachment: Provided always, that any order for a writ of injunction made by a Judge, or any writ issued by virtue thereof, may be discharged or varied or set aside by the Court, on application made thereto by any party dissatisfied with such order.

85. It shall be lawful for the defendant in any action, and for the plaintiff in any action for replevin of goods, in any of the superior Courts, in which, if judgment were obtained, he would be entitled to relief against such judgment on equitable grounds, to plead the facts which entitle him to such relief, and the said Courts are hereby empowered to receive such pleading, provided that such pleading shall begin with the words "for defence on equitable grounds," or words to the like effect.

86. Any such matter which, if it arose before or during the time for pleading, would be an answer to the action if pleaded, may, if it arise after the lapse of the period during which it could be pleaded, be set up by way of auditâ querela, or in such other manner as the Judges may by any general rules or orders direct.

87. It shall be lawful for the Court or a Judge to permit any of the parties to reply in answer to any pleading of the opposite facts which avoid such pleading upon equitable grounds, provided that such reply shall begin with the words "for replica

tion on equitable grounds," or words to the like effect.

88. If it shall appear to the Court or a Judge that any such equitable pleading cannot be dealt with by a court of law so as to do justice between the parties, it shall be lawful for such Court or Judge to order the same to be struck out, on such terms, as to costs and otherwise, as may seem reasonable.

89. It shall and may be lawful for any of the superior Courts of common law in Ireland, in any action of ejectment on the title to be commenced after the passing of this Act, to make an order directing temporary bars to be waived and the real title tried in such ejectment, in any case in which it shall be made appear to the satisfaction of such Court that a decree or decretal order to the same effect would be pronounced by the Court of Chancery upon a bill or cause petition filed for the purpose of having temporary bars waived, but upon such terms or conditions as to said Court shall seem just.

90. In case of any action founded upon a bill of exchange or other negotiable instrument, it shall be lawful for the Court or a Judge to order that the loss of such instrument shall not be set up, provided an indemnity is given, to the satisfaction of the Court, Judge, or Master, against the claims of any other person upon such negotiable instrument.

91. The superior Courts or any Judge thereof may, upon summary application, by rule or order, exercise such and the like jurisdiction as may, under section 514. of the Merchant Shipping Act, 1854, be exercised by any Court of equity.

92. Any person who shall, upon any examination upon oath or affirmation, or in any affidavit in proceedings under this Act, wilfully and corruptly give false evidence, or wilfully and corruptly swear or affirm anything which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury.

93. Where an action would, but for the provisions of "The Common Law Procedure Amendment Act (Ireland), 1853," have abated by reason of the death of either party, and in which the proceedings may be revived and continued under that Act, the defendant or person against whom the action may be so continued may apply by notice to compel the plaintiff, or person entitled to proceed with the action in the room of the plaintiff, to proceed according to the provisions of the said Act within such time as the Court or Judge shall order; and in default of such proceeding the defendant or other person against whom the action may be so continued as aforesaid shall be entitled to enter a suggestion of such default, and of the representative character of the person by or against whom the

action may be proceeded with, as the case may be, and to have judgment for the costs of the action and suggestion against the plaintiff, or against the person entitled to proceed in his room, as the case may be, and in the latter case to be levied of the goods of the testator or intestate.

94. A judgment in an action of ejectment under the Common Law Procedure Amendment Act (Ireland), 1853, shall have no greater effect than a judgment in an ejectment before the passing of an Act, 13 & 14 Vict. c. 18.

95. If any person shall bring an action of ejectment after a prior action of ejectment for the same premises has been or shall have been unsuccessfully brought by such person, or by any person through or under whom he claims, against the same defendant, or against any person through or under whom he defends, the Court or a Judge may, on the application of the defendant, at any time order that the plaintiff shall give to the defendant security for the payment of the defendant's costs, and that all further proceedings in the cause shall be stayed until such security be given, whether the prior action has been or shall have been disposed of by discontinuance, or by nonsuit, or by judgment for the defendant.

96. Section 239. of "The Common Law Procedure Amendment Act (Ireland), 1853," is hereby repealed, and the superior Courts may appoint and hold sittings either in Banc, or for the trial of issues in fact by Judge or jury, and the Court of Error in the Exchequer Chamber may hold its sittings, at any time or times, whether in term or vacation, not being between the 1st of August and the 20th of October.

97. If in any action of contract brought after the commencement of this Act in the superior Courts (save for breach of promise of marriage), when the parties reside within the jurisdiction of the Civil Bill Court of the county in which the cause of action has arisen, the plaintiff shall recover, exclusive of costs, a sum less than 20%., or in any action for any wrong or injury disconnected with contract (not being for replevin, slander, libel, malicious prosecution, seduction, or criminal conversation,) a sum not exceeding 5l., the plaintiff in any such action shall not be entitled to any costs, unless at the trial of such cause the Judge shall certify, on the back of the record, either that the case was one which could not have been tried in the civil bill court, or that, although within the jurisdiction of the civil bill court, it nevertheless was a fit case to be tried in one of such superior Courts, or (in case there shall be no trial) unless the Court or a Judge shall on motion make an order to the like effect; and in case there shall be no such certificate or order it shall not be necessary to enter any suggestion on the record to deprive such plaintiff of costs.

98. The enactments contained in sections 14, 22, and 90, of this Act shall apply and extend to every Court of civil judicature in Ireland, and the enactments contained in sections 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, 36, and 92. shall apply and extend to all courts of judicature, as well criminal as all others, and to all persons having by law or by consent of parties authority to hear, receive, and examine evidence.

99. In all cases within sections 98. and 101. of the Common Law Procedure Amendment Act (Ireland), 1853, it shall not be necessary to obtain any direction of the Court or a Judge that the amount for which final judgment shall be marked shall be ascertained by the Master, but it shall be lawful for the Master without any such direction to ascertain such amount, and the proceedings for that purpose shall be in all respects as if a direction to the Master by the Court or a Judge had in pursuance of the said sections been made; and it shall be lawful for the Court or a Judge, in any case in which the venue shall be laid elsewhere than in the county or county of the city of Dublin, instead of a writ of inquiry to the sheriff to ascertain the amount of damages, to direct that the amount for which final judgment shall be marked shall be ascertained by the Master, and thereupon such proceedings shall be had as if the case had been within section 101. of the Common Law Procedure Amendment Act (Ireland), 1853, and a direction to the Master under the said section had been obtained, provided that the jury shall be a jury of the county of the city of Dublin, and shall be summoned accordingly.

100. In case the plaintiff in replevin shall neglect to file the summons and plaint, or copy

thereof, within ten days after service, unless the time shall have been extended, or to proceed to trial within one term from that in which or the vacation of which defence or other subsequent proceeding is filed, the defendant may proceed to enter such rules as are in sections 38. and 106. of the Common Law Procedure Amendment Act (Ireland), 1853, in cases of such default respectively provided.

101. In all actions for a replevin of a distress made for rent, when the amount of rent in arrear at the time of making such distress shall have been ascertained as provided by section 230. of the Common Law Procedure Amendment Act (Ireland), 1853, the defendant shall have judgment and execution to recover against the plaintiff the arrears of rent, whether the value of the goods and chattels distrained shall amount to so much or not, anything in the said Act to the contrary notwithstanding.

102. In all cases where money shall have been lodged in court in lieu of security for costs, and the party lodging shall become entitled to be repaid the said money or any part thereof, such party may, without any rule or order for that purpose, apply to the Master of the court to draw on the Bank of Ireland in favour of such party or his attorney upon record for such money or such part thereof, and the said Master, on being satisfied by affidavit or otherwise that the party applying is so entitled to be repaid, shall thereupon draw accordingly.

103. The provisions of this Act shall come into operation on the 1st of October 1856.

(29th July 1856.)

1. Short title.

6. Committee may be appointed.

7. Local authority to appoint sanitary inspectors.