Russell

delivered the opinion of the Court. The plaintiffs sued out an injunction, under the act of 1850, which was dissolved by the District Court, and the question of damages referred. Upon the coming in of the report, the Court refused to enter judgment thereon, the statute of 1850 having been repealed, and the question of the constitutionality of such reference being raised. There is no doubt as to the mode pursued ; and unless this Court interfered by mandamus, the defendants are without a remedy in the premises.

The Act of 1851 saves the rights of parties in actions and proceedings taken before the repeal of the former act: so that the only question of any importance is, whether the reference in this case was an infringement of the plaintiff’s constitutional right of trial by jury. The 120th section of the Practice Act of 1850, provides, that “The Court shall require a written undertaking upon the part of the plaintiff, with sufficient security, to the effect that the plaintiff will pay to the party enjoined such damages, not to exceed an amount specified, as he may sustain by reason of the injunction, if the Court shall finally decide the plaintiff was not entitled thereto. The…