ELIHU E. JACKSON, ESQUIRE, GOVERNOR
where avowry or cognizance is made) in which,

907

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 court in
which said action is pending is hereby empow-
ered to receive such defence by way of plea, pro-
vided that such plea shall begin with the words :
" For defence on equitable grounds," or words
to that effect.
58B. The plaintiff or the defendant in replevin

Plead the facts

may demur to such plea for want of equity, or
reply thereto facts which avoid such plea upon
equitable grounds ; provided that such replica-
tion shall begin with the words "For replication
on equitable grounds," or words to the like effect.
58c. In case it shall appear to the court that
any such equitable plea or equitable replication
cannot be dealt with by a court of law, so as to

May demur.

do justice between the parties, it shall be lawful
for such court to order the same to be struck
out, on such terms as to costs and otherwise as
to such court may seem reasonable ; all replevin
bonds and retorno habendo bonds may be given
by the plaintiff or defendant, as the case may be,
or, on their behalf, the clerk shall have power to
swear all parties executing such bonds, whether
as principals or securities, as to their pecuniary
sufficiency, and may also interrogate under oath
the plaintiff in any replevin touching the value
of the goods and chattels proposed to be re-
plevied, in order to determine the proper penalty
to be named in the replevin bond.

Lawful to
strike out.

SEC. 3. And be it enacted, That sections nine
and forty of said article seventy-five of the Code
of Pubjic General Laws, title "Pleadings, Prac-
tice and Process," be and the same are hereby
severally repealed.

Repealed.

SEC. 4. And be it enacted, That this act shall
take effect from the date of its passage.

Approved April 5, 1888.

Effective.