664


recover  damages  for  the  alleged  wrongful  sale  of
a  horse,  waggon  and  harness,  seized  by  officers
of  the  Inland  Revenue  while  being  usei'.  for  the
purpose  of  removing  a  quantity  of  spirits  unlaw-
fully manufactured  and  liable  to  excise  duties,
defendant  pleaded  twenty-nine  grounds  of  de-
fence which  were  expanded  at  great  length.
The  Judge  of  the  County  Court  for  District
No.  1  holding  that,  under  the  Customs  Act,
Acts  of  1885,  c.  12,  s.  2*28,  and  the  Inland
Revenue  Act  of  1883,  c.  14,  s.  7'2,  the  defendant
was  bound  to  plead  the  general  issue  and  give
the  general  subject  matter  in  evidence,  and  that
the  defences  as  pleaded  were  unnecessarily  pro-
lix, and  were  unnecessary  and  embarrassing,
made  an  order  directing  that  all  the  pleas  be
struck  out  with  the  exception  of  tlie  4th,  wliich
denied  the  allegations  and  issues  in  the  plain-
tiff's statement  of  claim,  and  which  he  held  to
be  equivalent  to  the  general  issue.
Iltkl,  that  the  order  must  be  set  aside  with
costs.
McDonald  v.  Clarke,  20  X.  S.  D.,

(8R.  &G.),  254;

8  C.  L.  T.,  401.
INSOLVENCY.
1.  Act  for  Relief  of  Insolvent  Debtors  Is

intra  rirei: — The  Act  of  the  Provincial  Legisla-
ture 1878,  ch.  8,  providing  for  the  relief  of
debtors  imprisoned  on  process  out  of  the  County
Courts  is  not  idtra  vires.
