JUDGMENT

Markby, J. - It is in no way necessary, in the view I take, to express any opinion on the point, whether if the defendant wished to raise the defence of the Act, he was bound to raise it in the mode pointed out by Rule 19, because it is stated in this case, that he did not raise it at all. And I by no means say that even if this was a question of jurisdiction, it necessarily follows that the Judge was bound or competent to notice it; but upon that I need express no opinion, because I am of opinion, that it is not in any sense a question of jurisdiction; that the Judge has no jurisdiction, in the strict sense of the word, seems to me hardly capable of argument. If so, all the proceedings before him would foe coram non judice, and void, his decision in favour of the defendant worthless, and we, sitting here, should have no jurisdiction to hear this case. What I apprehend is meant is this:--That there is something prohibitory in the language of Act XIV, which requires the Court, whether the defendant raises the question or not, as soon as it appears that the case falls within any one of the rules of limitation laid down by the Act, to call upon the plaintiff to bring the case