Supreme Court.
in which the court in its equitable jurisdiction would have recognized and taken notice of the same in any suit or proceeding duly instituted therein before the 13th day of October, 1873; (e) no cause or proceeding at any time pending in the court 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 section had not been passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto : Provided that nothing in this section shall disable the court from directing a stay of proceedings in any cause or matter pending before it, if it thinks fit and any person, whether a party or not to any such cause or matter, 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 court, 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 may be just;
(f) subject to the aforesaid provisions for giving effect to equitable rights and other matters of equity in manner aforesaid and to the other express provisions of this section, the court shall recognize and give effect to all legal claims and demands, and all estates, rights, titles, 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 recognized and given effect to by the court if this section had not been passed; and
[CAP. 4
[Ref. 15 & 16 s. 41.]
Geo. 5, c. 49,
[Ref. 15 & 16 s. 42.]
Geo. 5, c. 49,
Geo. 5, c. 49, s. 43.]
(g) the court, in the exercise of the jurisdiction vested in it by this section in every cause or matter pending before it, shall have power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as to it may seem just, all such
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