In a judgment obtained on a praecipe, however, no special terms may be inserted. Inasmuch as such a judgment is obtained ex parte and without the interposition of any judicial officer, the court wisely and almost necessarily keeps the plaintiff strictly within his rights and sets aside any judgment which contains provisions unwarranted by the practice (q).

The plaintiff may, or may not, take a reference to the master as to encumbrances. If he takes a reference unnecessarily he will not be entitled to the costs of it (r). If the plaintiff fails to take a reference, and it is afterwards discovered that a subsequent encumbrance exists, he cannot obtain an interlocutory order to add parties in the master's office, as the only-reference authorized by the rules is a reference by the judgment. But the court may amend the judgment so as to direct a reference in which case the former judgment and the proceedings under it will be treated as a nullity (s).

(n) Gooderham v. DeGrassi, 1850, 2 Gr. 135.

(o) Rumsey v. Thompson, 1860, 8 Gr. 372; Robinson v. Dobson, 1865, 11 Gr. 357; Cayley v. Hodgson, 1867, 13 Gr. 433.

(p) Croxon v. Lever, 1863, 12 W. R. 437; Bennett v. Harfoot, 1871, 19 W. R. 428; Wolverhampton and Staffordshire Banking Co. v. George, 1883, 24 Ch. D. 707.

(q) Martin v. Evans, 1917, 39 O.L.R. 479, at pp. 488, 490, 37 D.L.R. 376; Elliott v. Byers, 1917, 13 O.W.N. 107; King v. Freeman, 1867, 1 U.C. Ch. Ch. 350.

(r) Purdy v. Parks, 1883, 9 O.P.R. 424.

Where the plaintiff in an action for foreclosure or sale claims immediate judgment on the covenant he may sign judgment in the same manner as if that relief alone were sought The officer entering judgment computes the amount to which the plaintiff is entitled, and the judgment directs payment forthwith (t).

If there are no subsequent encumbrancers the account is taken by the clerk in chambers in the case of judgment being granted on motion under rule 466, and by the officer signing judgment in the case of judgment being signed under rule 467.

In the case of a married woman who is mortgagor the judgment will be in the usual form so far as foreclosure or sale is concerned, but in the event of judgment being recovered against a married woman upon her covenant for payment the paragraph in the judgment directing immediate payment must be modified (u).

Form 102 appended to the Ontario rules' of practice is as follows:

Form of judgment on praecipe for Foreclosure or Sale, account taken by registrar and Orders for Immediate Payment and Delivery of Possession. 1. Upon reading the writ of summons issued in this action, and f an affidavit of service of the said writ and no appearance having been entered

(s) Wilgress v. Crawford, 1888, 12 O.P.R. 658.

(t) The English practice is to order payment within one month after the date of the chief clerk's certificate; Farrer v. Lacey, 1883, 25 Ch.D. 636.

(u) See chapter 23, Action on the Covenant, Sec. 224, where the proper form of judgment against a married woman is set out.

2. This court finds that the subsequent interest at the rate of per centum per annum on the sum of principal money secured by the indenture of mortgage in the writ of summons [or pleadings] mentioned, up to the day of next, being the time appointed for payment as hereinafter mentioned amounts to

, and that the costs of the plaintiff amount to which said subsequent interest and costs being added to the sum of claimed by the endorsement on the writ served on the defendant make together the sum of

3. And upon the said defendant paying the said sum of into the bank at the between the hours of ten o'clock in the forenoon and twelve o'clock noon of the day of next, to the joint credit of the plaintiff and the Accountant of the Supreme Court [where order for payment granted insert, or in case the plaintiff shall (where judgment is for sale, add, before the sale hereinafter directed shall have taken place) recover the amount due to him under the order for payment hereinafter contained], it is ordered and adjudged, (subject to the provisions of section 3 of The Mortgages Act,) that the said plaintiff do assign and convey the mortgaged premises, and deliver up all documents relating thereto;

4. But in default of the said defendant making such payment by the time aforesaid, it is ordered and adjudged (where judgment is for foreclosure, after "adjudged," add "that the said defendant do stand absolutely debarred and foreclosed of and from all equity of redemption in and to the mortgaged premises;" where a judgment is for sale, then after the words "adjudged" add "that the said premises be sold, with the approbation of the master at )."

5. (if judgment is for foreclosure omit this clause). And it is further ordered and adjudged that the purchasers do pay their purchase money into court, to the credit of this cause, and that the same when so paid in be applied in payment of what has been found due to the said plaintiff together with subsequent interest and subsequent costs, to be computed and taxed by the said master, and that the balance do abide the further order of the court.

6. (Where judgment is for immediate payment add:) And it is further ordered and adjudged that the defendant do forthwith pay to the plaintiff the sum of being the amount due to him at the date hereof for principal money, interest and costs, 7. (Where judgment is for recovery of possession add:) And it is further ordered and adjudged that the defendant do forthwith deliver to the plaintiff , or to whom he may appoint, possession of the mortgaged premises, or of such part thereof as may be in the possession of the said defendant

If default is made under paragraph 3, the plaintiff may apply for a final order of foreclosure (v). Paragraphs 3, 4 and 5 contain alternative provisions to be inserted in the event of the judgment being for sale instead of foreclosure (w).

Form 101 is as follows:

Form of Judgment on Praecipe for Sale or Foreclosure with refer, ence as to incumbrances, etc., and orders for Immediate Payment and Delivery of Possession.

1. Upon reading the writ of summons issued in this action, and the statement of claim (if any) and an affidavit of service of the said writ on the defendant, and no appearance having been entered (or and the defendant having made default in delivering a defence),

2. It is ordered and adjudged that all necessary inquiries be made, accounts taken, costs taxed, and proceedings had for redemption or sale (or redemption or foreclosure) and that for these purposes this cause be referred to the master at

3. (Where judgment is for immediate payment add, And it is further ordered and adjudged that the defendant do forthwith pay to the plaintiff the sum of $ , being the amount, due to him for principal money, interest and costs at the date hereof; and upon payment of the amount due to the plaintiff (when judgment is for sale add, before the sale hereinbefore directed shall have taken place) that (subject to the provisions of section 3 of The Mortgages Act, the plaintiff do assign and convey the mortgaged premises, and deliver up all documents relating thereto).

4. (Where judgment is for recovery of possession add, And it is further ordered and adjudged that the defendant do forthwith deliver to the plaintiff, or to whom he may appoint, possession of the lands and premises in question, in this cause, or of such part thereof as may be in the possession of the said defendant.)

The general terms of paragraph 2 are authorized and their effect is defined by rule 519, as follows:

519.- (1) Any judgment in a mortage action may direct in general terms that all necessary inquiries be made, accounts taken, costs taxed, and proceedings had for redemption or foreclosure, (or for redemption or sale, as the case may be) and that for these purposes the cause is referred to (naming the master).

(2) Any judgment directing a sale may so direct in general terms and refer the action to the master for that purpose.

(v) See infra, Sec. 244.

(w) As to a judgment for sale, see infra, Sec. 245.

(3) Any judgment directing partition or administration may be in general terms.

(4) Any judgment in general terms shall confer upon the master all the powers given by these rules and all other powers necessary to enable him to carry the judgment into full effect.