FORMS OF JUDGMENTS AND ORDERS IN THE HIGH COURT OF JUSTICE AND COURT OF APPEAL, HAVING ESPECIAL REFERENCE TO THE CHANCERY DIVISION, WITH PRACTICAL NOTES. BY THE LATE HON. SIR H. W. SETON, SOMETIME ONE OF THE JUDGES OF THE SUPREME COURT OF CALCUTTA. STEVENS AND SONS, LIMITED, 119 & 120, CHANCERY LANE, Law Publishers and Booksellers. D. W. F. MCDONALD SOLICITOR VANCOUVER, B.C. TO THE RIGHT HONOURABLE HARDINGE STANLEY, LORD HALSBURY, LORD HIGH CHANCELLOR OF GREAT BRITAIN, THE Fifth Edition OF THE FOLLOWING WORK IS MOST RESPECTFULLY INSCRIBED. D. W. F. MCDONALD SOLICITOR VANCOUVER, B.C. PREFACE TO VOL. I. IN commending to the favourable consideration of the profession the first volume of the fifth Edition of "Seton" on Judgments, the Editors venture to think that no apology is needed for the appearance of the work. Since the fourth Edition was published in 1877 and 1879, there has been the usual accession to the stream of legal authority, the Statute Law has undergone important changes, and, in consequence of the numerous and extensive alterations which have been made in the Rules and Orders of the Supreme Court, that Edition has ceased to afford those facilities of reference which are so essential in a work of this kind. In the present Edition the Editors, while preserving the main divisions of the subject matter with which those who consult "Seton" are familiar, have endeavoured to adopt such an arrangement of the several parts as would be most convenient and intelligible to the profession generally. With this view they have placed the Chapters in an order corresponding, as nearly as may be, with the normal and ordinary course of procedure in an action. This method of arrangement has rendered it practicable to bring together in the present volume those portions of the work which bear more particularly on the practice of the Courts. The selection of the Forms of Judgments and Orders has received the special attention of the Editors. While they have not consciously omitted from the present Edition any Forms contained in the preceding Edition which appeared to be of permanent value, they have found it necessary to add a large number of Forms of recent date, and, in choosing these, the preference has been accorded to those which were known to be in constant use as models. In the preparation of the notes, similar principles have been adhered to. Pressure of space has rendered it necessary to exclude |