Judge may allow judgment creditor to sue garnishee. Garnishee discharged. Attachment book to be kept by the masters of each court. Unnecessary in county courts. Costs of applica tion. Equitable defence may be pleaded. Equitable defence after judgment. Equitable replication. Court or judge may strike out equitable plea or replication. False evidence. judgment debtor, or if he does not appear upon summons, then the judge may order execution to issue, and it may be sued forth accordingly, without any previous writ or process, to levy the amount due from such garnishee towards satisfaction of the judgment debt. LXIV. If the garnishee disputes his liability, the judge, instead of making an order that execution shall issue, may order that the judgment creditor shall be at liberty to proceed against the garnishee by writ, calling upon him to show cause why there should not be execution against him for the alleged debt, or for the amount due to the judgment debtor, if less than the judgment debt, and for costs of suit; and the proceedings upon such suit shall be the same, as nearly as may be, as upon a writ of revivor issued under "The Common Law Procedure Act, 1852.” LXV. Payment made by or execution levied upon the garnishee under any such proceeding as aforesaid shall be a valid discharge to him as against the judgment debtor to the amount paid or levied, although such proceeding may be set aside or the judgment reversed. LXVI. In each of the superior courts there shall be kept at the master's office a debt attachment book, and in such book entries shall be made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and the mode of keeping such books shall be the same in all the courts; and copies of any entries made therein may be taken by any person, upon application to any master. LXVII. The costs of any application for an attachment of debt under this act, and of any proceedings arising from or incidental to such application, shall be in the discretion of the court or a judge. LXXXIII. It shall be lawful for the defendant or plaintiff in replevin in any cause 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 by way of defence, and the said courts are hereby empowered to receive such defence by way of plea; provided that such plea shall begin with the words “ for defence on equitable grounds," or words to the like effect. LXXXIV. Any such matter which, if it arose before or during the time for pleading, would be an answer to the action by way of plea, may, if it arise after the lapse of the period during which it could be pleaded, be set up by way of auditá querelâ. LXXXV. The plaintiff may reply, in answer to any plea of the defendant, facts which avoid such plea upon equitable grounds; provided that such replication shall begin with the words "for replication on equitable grounds," or words to the like effect. LXXXVI. Provided always, that in case it shall appear to the court or any judge thereof that any such equitable plea or equitable replication 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 to such court or judge may seem reasonable. LXXXIX. 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. CIII. The enactments contained in sections nineteen, twenty, twenty- Enactments in one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty- ss. 19 to 32 to seven, and twenty-eight, twenty-nine, thirty, thirty-one, and thirty-two of apply to every this act shall apply and extend to every court of civil judicature in England judicature in and Ireland. CV. 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 and Wales, 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 and annulled; and in and by any such order her Majesty may direct by whom any powers or duties incident to the provisions applied under this act, or the Common Law Procedure Act, 1852, shall and may be exercised with respect to matters in such court or courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied. civil court of England and Ireland. Her Majesty may direct all or part tend to any court of record. of this act to ex CVI. In citing this act in any instrument, document, or proceeding it Short title of shall be sufficient to use the expression "The Common Law Procedure Act, 1854." act. CUSTOMS CONSOLIDATION, 1853. CUSTOMS CONSOLIDATION ACT, 1853. - Jurisdiction, feitures, how to be sued for. 16 & 17 VICT. CAP. 107. An Act to amend and consolidate the Laws relating to the As to the course of Procedure for recovering penalties and enforcing forfeitures under this or any other act relating to the customs: CCLXIII. In all suits or proceedings at the suit of the crown for the penalties and for- recovery of any duty or penalty, or the enforcement of any forfeiture under this or any act relating to the customs, the parties thereto shall be entitled to recover costs against each other in the same manner as if such suits or proceedings were conducted and had between subject and subject, and the like amendments may be made in all such proceedings by the judge or court as may now be made in civil actions; and all duties, penalties, and forfeitures incurred under or imposed by this or any other act relating to the customs, and the liability to forfeiture of any goods seized under the authority thereof, shall and may, except as is hereinafter provided, be sued for, prosecuted, determined, and recovered by action of debt, information, or other appropriate proceeding in the superior courts of common law at Westminster, Dublin, or Edinburgh, or in the royal courts of the islands of Guernsey, Jersey, Alderney, Sark or Man in the name of the attorneys-general for England or Ireland respectively, or of the lord advocate of Scotland, or of some officer of customs or excise, and for the recovery or enforcement of any penalty or forfeiture, by information in the name of some officer of customs or excise, before one or more justice or justices in the United Kingdom, or before any governor, deputy governor, or deemster or other magistrate in the Isle of Man and the Channel Islands: Provided always, that where any goods shall have been seized in the United Kingdom, with regard to which the amount of duties or penalties claimed by the crown shall not exceed the sum of one hundred pounds, such seizure or penalties shall not be sued for or enforced in any of the said superior courts, but by information before any one or more justice or justices, governor, deputy governor, deemster or other magistrate as aforesaid, or by information, suit, or other appropriate proceeding in the county courts, if in England, the assistant barristers courts, if in Ireland, and the sheriffs courts, if in Scotland, for which purposes the said courts respectively shall have jurisdiction in such cases to the extent of one hundred pounds, with power to enforce or mitigate any penalty sought to be recovered, unless upon consideration of the facts and circumstances of, or the questions of law involved in, any case so excepted from the jurisdiction of the superior courts of common law, it shall appear to the commissioners of customs desirable that such case should be tried in a superior court; in which case the said commissioners shall certify their opinion that it is a proper case to be tried in the said superior courts to the commissioners of the treasury, who may thereupon make and issue an order Proviso where the duties and penalties sought to be recovered shall not exceed 1007. Where suits for recovery of duties to the said commissioners of customs, authorizing them to bring such case in such superior court, and the purport of such order shall be endorsed on any process to be issued out of such court in such case at the suit or prose. cution of the crown in the words following: "By order of the commissioners of her Majesty's treasury, this case appearing to them to be a fit case to be tried in her Majesty's court of exchequer," and the same shall confer jurisdiction on such superior court to try such case. CCCXVIII. Any party complaining of any illegal seizure of any boat, vessel, or goods may, after service of the notice in writing to the effect, and within the time herein before provided in respect to the bringing of any action or actions in the superior court of common law, and in case no such amends as hereinbefore provided shall have been tendered, proceed against the officer by whom such seizure shall have been made by plaint in the county courts in England, or by civil bill in the assistant barrister's court in Ireland, or by summons in the sheriff's courts in Scotland: Provided always, that the sum claimed for damages by the party so complaining shall not exceed the amount to which the jurisdiction of the said courts respectively is limited. CCCXIX. In the event of any party so complaining as aforesaid resorting for redress to the county courts in England, the action shall be brought within the district where the cause of action shall have arisen, and the proceedings and conduct of the suit shall be regulated as nearly as the circumstances of the case shall allow in conformity with the provisions of the acts and orders which govern the procedure and practice of the said courts; and such right of appeal shall be allowed to the parties as is provided by the county courts acts in other actions now triable by such courts: Provided always, that in every such suit or plaint the county court judge shall hear and determine such case without the assistance of a jury, and that no order for the trial thereof by a jury shall be made by any county court judge, except upon the written consent of the plaintiff and defendant. Actions for ille gal seizures may be tried in county court. Venue confined to action arises. district where conduct cases. CCCXXIII. Any person appointed to be solicitor or assistant solicitor of Solicitors, clerks her Majesty's customs, or any clerk duly appointed to act on his behalf or and officers of under his or their directions, shall and may in any case relating to the customs may customs, or under the direction of the commissioners of her Majesty's treasury or customs, act as counsel, solicitor, attorney at law, advocate, or writer to the signet in the prosecution, conduct, or defence of any such case in any court, jurisdiction, or place in which such case may be instituted, and any such solicitor, assistant solicitor, or clerk, and any officer or officers of customs, under the order and directions of the commissioners of customs, may prosecute, defend, or conduct any proceeding before any magistrate or magistrates, justices or justice of the peace, in any matter relating to the customs, to be heard or determined by him or them. STANNARY COURT AMENDMENT, 1855. STANNARY COURT AMENDMENT ACT, 1855. Interpretation of terms. 9 & 10 Vict. c. 95, and 15 Vict. c. 77. Service of process out of stannaries. As to execution 18 & 19 VICT. CAP. 32. An Act to amend and extend the Jurisdiction of the Stannary [15th June, 1855.] Court. II. The words "mine" and "mineral" and "miner," when used in this act, or in any pleadings, process, or proceedings in the said court, shall, unless otherwise explained or qualified, be respectively presumed and taken to mean a metallic mine or mineral within the jurisdiction of the said court, and a miner in some mine, work, or adventure within the same jurisdiction, and having privilege to sue or be sued in the said court; and the words "county court" shall in this act mean any court established under the provisions of the act passed in the session of parliament holden in the ninth and tenth years of the reign of her present majesty, chapter ninety-five, and also the court held under the provisions of "The London (City) Small Debts Extension Act, 1852." VIII. Where service of notices, orders, summonses, warrants, or other process in causes pending in the vice-warden's court may, under this act or otherwise, lawfully be made in a place out of the jurisdiction of the said court, it shall be lawful for the said court, or for parties to suits therein, to send the same to the high bailiff of the county court in the district of which such place may be, together with the lawful fees payable in like cases for service of similar process in the county court, and thereupon the high bailiff shall serve or cause to be served the same, as if it had been issued out of a county court, and such service shall or may be proved as in case of county court process. With respect to the execution of judgments and decrees of the court of of judgments and the vice-warden, be it enacted as follows: decrees of the court of the vicewarden. Where such judgments cannot be conveniently enforced, superior courts may issue process for recovery of amounts due on the same. IX. In actions commenced therein on the common law side of the court, where judgment shall have been duly recovered in a cause whereof the said court has cognizance, but which cannot be conveniently or effectually enforced by the ordinary process of that court within the jurisdiction thereof, it shall be lawful for any one of the superior courts of common law at Westminster, or for any judge thereof, upon application of the party entitled to the benefit of such judgment, and production of a certificate from the registrar of the court of the vice-warden under the seal of the court of the judgment so recovered, and a satisfactory affidavit of the ground of the application, to cause process to issue and proceedings to be taken for the recovery of the amount due on the judgment, including the costs of the certificate and of the application, in the same manner as upon a like judgment recovered in an action commenced in the superior court; and it shall not be necessary for this purpose, or for any other purpose, that the record of any judgment in the vice-warden's court shall be engrossed on parchment or enrolled; and where the debt or damages recovered by judgment of the court of the vice-warden, or sought to be recovered in actions commenced |