FORMS OF JUDGMENTS AND ORDERS. INTRODUCTION. OF JUDGMENTS AND ORDERS GENERALLY. UNDER the concurrent but, to some extent, conflicting systems of Law and Equity, as administered previously to the Judicature Acts, the forms of judgments at Common Law and of decrees in Chancery differed widely. Judgments at Common Law were uniform, simple, and invariable, and being limited by the form of the writ in the action to the recovery of land, goods, or money, could not conveniently be moulded so as to meet cases in which conditions were to be imposed or various interests dealt with. Decrees in Chancery, from the more comprehensive nature of the relief given, the number of the parties often interested, the various claims asserted, circumstances to be dealt with, and questions to be finally determined, were necessarily more complicated. But notwithstanding the greater pliability of equitable jurisdiction and procedure, the forms of the decrees and orders by which the Court gave effect to its determinations were generally well established and, for the most part, uniform. Upon this ground they have been frequently referred to as regulating the practice and elucidating the law and procedure of the Court. The great utility of consulting them, and the advantages of adhering to the settled and well understood forms and language of decrees, have been repeatedly adverted to by some of the most eminent Judges in Equity see Marriott v. The Anchor Reversionary Co., 3 D. F. & J. 177; Sherwin v. Shakspear, 5 D. M. & G. 534; Mills v. Slater, 8 Ves. 303; Cricket v. Dolby, 3 Ves. 13; Willan v. Willan, 19 Ves. 593; Holland v. Prior, 1 M. & K. 246; Blackford v. Davis, 4 Ch. 304, at p. 308; Rees v. Metropolitan Board of Works, 14 Ch. D. 372, 374. Under the Judicature Acts, 1873 and 1875 (36 & 37 Vict. c. 66; 38 & 39 Vict. c. 77), the same jurisdiction to pronounce judgments and orders-in which terms, unless there is anything in the subject or context repugnant thereto, are to be included decrees and rules (36 & 37 Vict. c. 66, s. 100)—in such form as may be required for doing justice 14 VOL. I. B |