258
Code could only provide for the Ordinary procedure in suits. Therefore procedure out of the whole range of the rules at Common Law and in Equity in England necessarily retained for use by the proviso § 3 of 13 of 1873 have forms for occasions. I felt that these were reserved for exceptional cases and it would be unwise to attempt formally to introduce rules that would insure against the exceptional necessity of having recourse to the rules at large with which practitioners were sufficiently familiar. Moreover, the powers vested in the Court to mould the pleadings and to make amendments so as to raise all proper issues in each case, and the power of the Court as to Costs render the formal introduction of many rules, which otherwise would be necessary, not only unnecessary but also a hindrance to the due administration of Justice.
The Despatch refers to rules, not to "forms". It is due to state that Mr. Justice Innes...