tention and object hereof, and for fixing the costs to be allowed for and in respect of the matters herein contained, and the performance thereof, and for apportioning the costs of issues, and for the purpose of enforcing uniformity of practice in the allowance of costs in the said courts, and of ensuring as far as may be practicable an equal division of the business of taxation amongst the masters of the said courts, as in their judgment shall be necessary or proper, and for that purpose to meet from time to time as occasion may require and it shall further be lawful for the judges of the said courts, or any eight or more of them, of whom the chiefs of each of the said courts shall be three, from time to time to exercise all the powers and authority given to them by an act of parliament passed in the session of parliament held in the 13 & 14 Vict. thirteenth and fourteenth years of the reign of her present Majesty, intituled An Act to enable the Judges of the Common Law at Westminster to alter the Forms of Pleading," with respect to any matter herein contained relative to practice or pleading, anything in this act to the contrary notwithstanding and the provisions of the said last-mentioned act as to the rules, orders or regulations made in pursuance thereof shall be held applicable to any rules, orders or regulations which shall be made in pursuance of this act : provided that nothing herein contained shall be construed to restrain the authority or limit the jurisdiction of the said courts or the judges thereof to make rules or orders, or otherwise to regulate and dispose of the business therein. c. 16. New forms of writs and other proceedings. See R. G., H. T. 1853, post. See the Mercantile Law Amendment Act, 1856, s. 15, post. 224. Such new or altered writs and forms of proceedings may be issued, entered and taken, as may by the judges of the said courts, or any eight or more of them, of whom the chiefs of each of the said courts shall be three, be deemed necessary or expedient for giving effect to the provisions hereinbefore contained, and in such forms as the judges of such courts respectively shall from time to time think fit to order ; and such writs and proceedings shall be acted upon and enforced in such and the same manner as writs and proceedings of the said courts are now acted upon and enforced, or as near thereto as the circumstances of the case will admit; and any existing writ or pro ceeding, the form of which shall be in any manner altered in pursuance of this act, shall nevertheless be of the same force and virtue as if no alteration had been made therein, except so far as the effect thereof may be varied by this act. See the Mercantile Law Amendment Act, 1856, s. 15, post. be made by each court ment of its officers. 225. It shall and may be lawful to and for the Rules may judges of each of the said courts from time to time to make such rules and orders for the government for governand conduct of the ministers and officers of their respective courts, in and relating to the distribution and performance of the duties and business to be done and performed in the execution of this act, as such judges may think fit and reasonable : provided always, that no additional charge be thereby imposed on the suitors. This and the preceding sections have been acted upon; see Rules of Court, and Forms of Proceedings, post. EFFECT OF INJUNCTION. And whereas it is expedient that injunctions and orders to stay proceedings should be rendered more effectual, be it enacted as follows: 226. In case any action, suit, or proceeding in any court of law or equity shall be commenced, sued, or prosecuted, in disobedience of and contrary to any writ of injunction, rule or order of either of the superior courts of law or equity at Westminster, or of any judge thereof, in any other court than that by or in which such injunction may have been issued, or rule or order made, upon the production to any such other court or judge thereof of such writ of injunction, rule or order, the said other court (in which such action, suit or proceeding may be commenced, prosecuted, or taken,) or any judge thereof, shall stay all further proceedings contrary to any such injunction, rule or order; and thenceforth all further and subsequent proceedings shall be utterly null and void to all intents and purposes: provided always, that nothing herein contained shall be held to diminish, alter, abridge, or vary the liability of any person or persons commencing, suing or prosecuting any such action, suit or proceeding contrary to any injunction, rule, or order of either of the courts aforesaid, to any attachment, punishment, or other proceeding to which any such person or Injunctions and orders to stay pro ceedings to have a speci fic effect. persons are, may, or shall be liable in cases of contempt of either of the courts aforesaid, in regard to the commencing, suing or prosecuting such action, suit or proceeding. A plaintiff might formerly have gone on with his action at law, notwithstanding an injunction restraining him from so doing. His proceedings were quite regular (Horne v. Tooke, 2 Dowl. 776); the only risk he ran was that of an attachment for contempt, by the court which issued the injunction. Any such proceeding is now a nullity, and the party proceeding is still exposed to punishment for his contempt. When a court of equity has issued an order for an injunction restricting a party from bringing an action, this court will enforce such order by staying proceedings, although no writ of injunction has been actually issued (Cobbett v. Ludlam, 11 Exch. 446). Of proceedings in Equity generally, the Courts of Common Law still take no notice (Simpson v. Sadd, L. J. 24, C. P. 156). See as to right of defendant to proceed under s. 101 (p. 83, ante), where plaintiff elects to proceed in equity, Mortimore v. Soares (L. J. 28, Q. B. 133). INTERPRETATION OF TERMS. And be it enacted as follows: 227. In the construction of this act the word "court" shall be understood to mean any one of the superior courts of common law at Westminster in which any action is brought; and the word "judge❞ shall be understood to mean a judge or baron of any of the said courts; and the word "master" shall be understood to mean a master of any of the said courts; and the word "action" shall be understood to mean any personal action brought by writ of summons in any of the said courts; and no part of the united kingdom of Great Britain and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, or Sark, nor any islands adjacent to any of them, being part of the dominions of her Majesty, shall be deemed to be "beyond the seas" within the meaning of this act and wherever in this act, in describing or referring to any person or party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and shall be applicable to several persons and parties as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing, unless it otherwise be provided, or there be something in the subject or context repugnant to such construction. As to the construction of the word "action" see ss. 42, 80, 81, 135, and notes, ante. The provision that no part of Great Britain, &c., shall be beyond the seas, refers to the solitary instance of bringing error under s. 147. See other interpretation clauses, C. L. P. A. 1854, s. 99; and C. L. P. A. 1860, s. 39, post. Her majesty may direct this act to all or part of extend to any court of 228. It shall be lawful for her Majesty from time to time, by an order in council, to direct that all or any part of the provisions of this act or of the rules to be made in pursuance thereof shall apply to all or any court or courts of record in England or Wales, record. and within one month after such order shall have been made and published in the London Gazette such provisions and rules respectively shall extend and apply in manner directed by such order; and any such order may be in like manner from time to time altered or annulled. See similar provisions in C. L. P. A. 1854, s. 105; and C. L. P. A. 1860, s. 44, post. Certain of the provisions of this act to apply to the Court of Pleas at Lan extend and Common the Court of Pleas at Dur ham. 229. And whereas it is expedient to apply the provisions of this act, with the requisite modifications, to the superior courts of the counties palatine of Lancaster and Durham respectively all the enactments and provisions of this act with respect to writs for the commencement of personal actions, except such as relate to the teste thereof in the name of caster and a judge, to concurrent writs, and to the service of writs elsewhere than in the counties palatine of Lancaster and Durham respectively, and proceedings against parties residing out of the jurisdiction of the said courts; and all the provisions of this act with respect to the appearance of the defendant and proceedings of the plaintiff in default of appearance; and with respect to the joinder of parties to actions and joinder of causes of action; and with respect to the determination of questions raised by consent of the parties without pleading; and with respect to the language and form of pleadings, and provisions as to pleadings, profert, oyer, setting out of documents; and with regard to the time and manner of declaring; and as to pleas and subsequent pleadings, and incident thereto; and examples and forms of pleading and causes of action; and with respect to judgment by default, and the mode of Powers given the judges of the Superior Courts at Westminster to make rules, &c., may be exercised by caster and Court of ascertaining the amount to be recovered thereupon and incident thereto; and all the provisions of this act with respect to juries and jury process; and with respect to the admission of documents; and with respect to the expenses of execution and the remaining in force and renewal of execution, the discharging of parties from execution, and charging in execution persons in prison; and with respect to proceedings for the revival of judgments and other proceedings by and against persons not parties to the record; and with respect to the effect of death, marriage, and bankruptcy upon the proceedings in an action; and with respect to the proceedings upon motions to arrest the judgment and for judgment non obstante veredicto; and with respect to proceedings in error subject to the proviso hereinafter contained; and all the provisions of this act with respect to the action of ejectment, and incident thereto; and with respect to the power of amendment by courts and the judges thereof, shall extend and apply to the Court of Common Pleas at Lancaster and the Court of Pleas at Durham, and actions and proceedings therein respectively. See C. L. P. A. 1854, s. 100; and C. L. P. A. 1860, s. 40, post. 230. All the powers given by this act to the judges by this act to of the said superior courts at Westminster to make rules and regulations for the execution of this act, and to frame writs and proceedings for that purpose; and to the judges of the said respective courts to make rules or orders for the government and conduct of the ministers and officers thereof; and all other judges of the powers by this act given to or vested in the judges Court of Common of the said superior courts at Westminster to be Pleas at Lan- exercised by more than one of them, except the powers and authority given by the said act of parliament passed in the session of parliament held in the those courts. thirteenth and fourteenth years of the reign of her present Majesty, intituled "An Act to enable the Judges of the Courts of Common Law at Westminster to alter the Forms of Pleading," shall and may be exercised by the respective judges of the said Court of Common Pleas at Lancaster and Court of Pleas at Durham, being judges of one of the said common law courts at Westminster, or any two of them, with respect to the said Court of Common Pleas at Lancaster and Court of Pleas at Durham respectively, and Pleas at Durham as to |