Rules as to exer tion. shall not have been given, or having been given, shall not have been signed, drawn up, passed, entered, or otherwise perfected at the time appointed for the commencement of this Act, such judgment, decree, rule, or order may be given or made, signed, &c., after the commencement of this Act, in the name of the same court and by the same judges and officers, and generally in the same manner in all respects, and with the same effect, as if this Act had not passed. Every judgment, decree, rule, or order, of any court whose jurisdiction is hereby transferred to the said High Court of Justice or the said Court of Appeal, which shall have been duly perfected at any time before the commencement of this Act, may be executed and enforced, and, if necessary, amended or discharged by the said High Court of Justice and the said Court of Appeal respectively in the same manner as if it had been a judgment, &c., of the said High Court or of the said Court of Appeal. All causes, matters, and proceedings whatsoever, whether civil or criminal, which shall be pending in any of the courts whose jurisdiction is so transferred as aforesaid at the commencement of this Act shall be continued and concluded as follows, viz., in the case of proceedings in error or on appeal, or on proceedings before the Court of Appeal in Chancery, in and before Her Majesty's Court of Appeal; and as to all other proceedings in and before Her Majesty's High Court of Justice. The said courts respectively shall have the same jurisdiction in relation to all such causes, matters, and proceedings, as if the same had been commenced in the said High Court of Justice and continued therein (or in the said Court of Appeal, as the case may be) down to the point at which the transfer takes place; and, so far as relates to the form and manner of procedure, such causes, matters, and proceedings, or any of them, may be continued and concluded in and before the said courts respectively, either in the same or the like manner as they would have been continued and concluded in the respective courts from which they shall have been transferred as aforesaid, or according to the ordinary course of the said High Court of Justice and the said Court of Appeal respectively (so far as the same may be applicable thereto) as the said courts respectively may think fit to direct. 23. The jurisdiction by this Act transferred to the said High cise of jurisdic- Court of Justice and the said Court of Appeal respectively shall be exercised (so far as regards procedure and practice) in the manner provided by this Act, or by such rules and orders of court as may be made pursuant to this Act. Where no special provision is contained in this Act, or in any such rules or orders of court with reference thereto, it shall be exercised as nearly as may be in the same manner as the same might have been exercised by the respective courts from which such jurisdiction shall have been transferred, or by any of such courts. claims. 24. In every civil cause or matter commenced in the High Administration Court of Justice, law and equity shall be administered by the of law and equity. High Court of Justice and the Court of Appeal respectively, according to the rules following:(1.) If any plaintiff or petitioner claims to be entitled to any Equitable equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim whatsoever 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 by a court of equity, the said courts respectively, and every judge thereof, shall give to such plaintiff or petitioner, such and the same relief as ought to have been given by the Court of Chancery in a suit or proceeding for the same or the like purpose properly instituted before the passing of this Act. defence. (2.) If any defendant claims to be entitled to any equitable 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 courts respectively, 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 of Chancery 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 that court for the same or the like purpose before the passing of this Act. (3.) The said courts respectively, and every judge thereof, Counter-claim, shall also have power to grant to any defendant in &c. 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 relief against any plaintiff or petitioner as such defendant shall have properly claimed by his pleading, and as the said courts respectively, or any judge thereof, might have granted in any suit instituted for that purpose Incidental equities. Prohibitions and injunctions. by the same defendant against the same plaintiff or petitioner; and also all such relief relating 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 properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant 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 served in the ordinary way by such defendant. (4.) The said courts respectively, and every judge thereof, shall recognise 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 of Chancery would have recognised and taken notice of the same in any suit or proceeding duly instituted therein before the passing of this Act. (5.) No cause or proceeding at any time pending in the High Court of Justice, or before the Court of Appeal, 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 Act had not passed either unconditionally or on any terms or conditions, may be relied on by way of defence thereto : Provided that nothing in this Act contained shall disable either of the said courts 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 Act had not passed to apply to any 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 to the said courts respectively 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 the court shall thereupon make such order as shall be just. (6.) Subject to the aforesaid provisions for giving effect to Legal claims. equitable rights and other matters of equity in manner aforesaid, and to the other express provisions of this Act, the said courts respectively, and every judge thereof, shall recognise and give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations, and liabilities existing by the common law, or by any custom, or created by any statute, in the same manner as the same would have been recognised and given effect to if this Act had not passed by any of the courts whose jurisdiction is hereby transferred to the said High Court of Justice. of High Court (7.) The High Court of Justice and the Court of Appeal General powers respectively, in the exercise of the jurisdiction vested in and Court of them by this Act in every cause or matter pending Appeal. before them respectively, shall have power to grant, and shall grant either absolutely or on such reasonable terms and conditions as to them 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 by them respectively in such cause or matter; so that as far as possible all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided. 25. And whereas it is expedient to take occasion of the union Rules of law. of the several courts whose jurisdiction is hereby transferred to the said High Court of Justice to amend and declare the law to be hereafter administered in England as to the matters next hereinafter mentioned. Be it enacted as follows: [(1.) Repealed.] trustee. (2.) No claim of a cestui que trust against his trustee for any Claim against property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any Statute of Limitations. (3.) An estate for life without impeachment of waste shall Equitable waste. 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. (4.) There shall not, after the commencement of this Act, be Merger. 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. (5.) A mortgagor entitled for the time being to the possession Actions by mortgagors. Assignment of choses in action. Time. Mandamus. or 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 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. (6.) Any absolute assignment by writing under the hand of (7.) Stipulations in contracts as to time or otherwise, which |