CO129-190 - Governor Hennessy - 1880 [10-12] — Page 271

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Code could only provide for the Ordinary procedure in suits. Therefore

procedure out

whole

of

the

for

the

1

range of the rules at Common

Law and in Equity in

4

01

Angland

ncccssarily by the proviso

§ 3 of 13 of 1873 retained for use

have

forms

ocessions. I felt that these

tvere

evarited

to

racely and

theat it would

for exceptional cases

be

univise to attempt formscally

introdusee

would ins

insure against the exceptional

to

the

necessity of having recourse 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

20

to raise

all

!

proper issues in each

power of the Const

@ a se

and the

as to Costs Render

the formal introduction of many

rules, which otherwise

would be

them, filling

Ad

they do

proper

not only

but

UA1 TEA CA 2 A

Recessary

at full

A

volume

as to Comu

Law Procedure and another retrime

ad

to Equity. Ever

a

selection from

extend

to

a

these rules would

and

very great length

selection

would

tending to a

hindrance to the

due administration of Justice. The

Despatch refers to rules, et does

not refer

to "forms

to Mr. prstice Inowden

m.

but it is due.

to state

that

Dec