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C. 3 BY ALFRED HOWELL, OF OSOOODE HALL, BARRISTER-AT-LAW, (Author of -Surrogate Courts Practice, and Naturalization and Nationality in Canada.) AND ALEXANDER DOWNE^^ OFFICIAL REPORTER, MARITIME COURT, TORONTO. THF PROP-RTY OF THE LAW Jij;.l C TY TORONTO ! llOWSKIJi AND 11UT('U1S0>. Issil. Entered according to the Act of Parliament of Canada, in the year of our Lord one thousand eight hundred and eiglitynine, by Alfred Howell and Alexander Downey, in the office of the Minister of Agriculture. ) , , i ttoWSKLL AND HUTCHISON, I'KINTERH, KING STREET EAST. ADVERTISEMENT. The new Rules, Forms, and Table of Fees for the Maritime Court, which came into operation Ist May 1889, supersede the Rules of 1878'9, and effect almost an entire change in the prac- tice and procedure of the Court ; a change which must meet with the approval of suitors, and of the legal profession generall}', based as it is, to a large extent, upon the Vice Admiralty Courts Rules, 1883, and the Rules of the Supreme Court of #ilMy«a^Wi«», with such other modifications of the former practice as the eleven years, during which the Maritime Jurisdiction Act has been in operation, may have shown to be expedient. The reported decisions upon the Act are, as yet, not numerous ; but those that are reported, have been arranged alphabetically, with heads of subjects, and are inserted for purposes of reference. No attempt is made toward a general treatise on Admiralty or Maritime Law ; that would have been much beyond the scope of the present work ; and only such parts of the Statutory Law have been introduced, as are more immediately connected with the Rules, and more frequently referred to in practice. Pleadings and other Forms in common use have been appended, and the whole has been carefully indexed. The authors entertain the hope, that practitioners, by using the present compilation, will find their labours in this com|>ara- tively new field, very greatly facilitated. A. H. A. D. Toronto, July, 1889. THF PROr-lTY OF THi:LAi/\lbouiLfY CONTENTS. Paoe. Maritime Court Act 1 Act to extend Jurisdiction of the Maritime Court 6 Extract from Vice Admiralty Courts Act 7 General Rules of Maritime Court of Ontario 9 Forms 43 Table of Fees 68 Appendix of Forms 75 Inland Waters Seamen's Act 90 Act respecting Navigation of Canadian Waters 106 List Officers of M. C. 115 " Reported Cases 117 Index of Forms 119 " General 122 THK MARITIME COURT ACT, ONTARIO. Revised Statutes of Canada, 1886. Chapter 137. A. D. 1886. 1 6 7 9 4S 68 , 75 . 90 , 106 . 115 . 117 . 119 . 122 An Act Respecting the Maritime Court of Ontario. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows : — SHORT TITLE. 1. This Act may be cited as " Tlie Maritime Court Act" Short title. 40 v., c. 21, 8. 22. INTERPRETATION. %. In this Act, unless the context otherwise requires, — Interpreta- (a.) The expression " the court " means the Maritime Court *» co^rt " of Ontai'io ; (6.) The expi'ossion " judge " means the judge of the Maritime "Judge." Court of Ontario ; and — (c.) The expression "ship" includes every description of vessel "Ship." used in navigation not propelled by oars. 45 V., c. 34, s. 5. COURT AND JUDGES. 3. The superior cotirt of maritime jurisdiction now exist ingt'ourt con- in the Province of Ontario, under the name of "The Maritime *"'"*'''• Court of Ontaiio," is hereby continued under such name, and shall continue to be a court of record. 40 V., c. 21, s. 2, part. 4. The Governor in Council may appoint any judge of any Appointment superior or county court in Ontario, or any barrister in Ontario, of judge. of not less than seven years' standing, to be the judge of the court. 40 v., c. 21, s. 5. 5. The judge shall hold office during good behaviour, but shall Tenure of be removable by the Governor General on address of the Senate "**'^' and House of Commons. 40 V., c. 21, s. 6, fart. 6. The judge shall receive no fees, but shall receive a salary Remunera- of six hundred dollars per annum, free and clear from all deduc- tion. tions whatsoever, and fvo rata for any shorter time than a year, which salary shall be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada, in like manner as the salaries of other judges. 40 V., c. 21, s. 7. 7. The Governor in Council ma)', from time to time, appoint Appointment one or more judges of county courts in Ontario, or barristers of fu/ges'"^*** not less than seven years' standing in Ontario, to be a surrogate judge or surrogate judges of the said court: Thfi Miii'Ulinc Court Act, Ontavio, Powers. £. Such surrorjate jii(l;?c shall have such of tho powevH of tlio jiulgo us are coiil'urrcd by tho conniiission appointing hiui : Tenure of 3. Ho shall hold office durinf; pleasure, but his appointnietit oihce. ^\\a,\\ not be vacated b}' a vacancy in tho office of the judge : Romunera- 4. Ho may, if resident elsewhere than in Toronto, receive *'""■ omohnnents fixed, from time to tiuie, by the (Jovernor in Council, raised out of funds provided by suitor's fees, payable under a tariff' fixed, from time to time, by tho Governor in Council : o. Copies of the tariff shall bo, as soon as jiossiblo, laid before both Houses of Parliament, and entered on tho records of tho court, and published in tho Canada Gazette : 6. The fees paj'able by suitors under tho tariff shall be paid over, by tho officer appointed to collect them, to tho Minister of Finance and Receiver General, and shall form part of .the Con- solidated Revenue Fund of Canada ; and tho emoluments of tho surrogate judge shall bo paid therefrom. 40 V., c. 21. ss. 11, 12 and 14. Tariff to bo laid l)eforo I'urlininciit. Disposal of fees. Ju/lges to g. Every judge and surrogate judge appointed in p\«\suance of office.""^ ' ° ^^^^^ ^*^^' ^hall, i)reviously to his executing the duties of his office, take, before a judge of any superior or county court in Ontario, an oath in the form following, that is to say : " I do sincerely and solemnly " swear that I will duly and faithfully, and to the best of my Form of oath. « j,]^jll ^t^^\ knowledge, execute the powers and trusts reposed in " me as judge {or as a surrogate jutlge, as the case may be) of " the Maritime Court of Ontario. tSo help mo God." 40 V., c. 21, s. 17. OFFICERS. Appointment 9. The Governor in Council may appoint a registrar, marshal, of oifaccra. Jeputy registrars and deputy' marshals, and examiners and other necessary officers for the court, with such of the powers belong- ing to registrars and marshals of liritish Vice-Admiralty Courts, and such other powers for tho effectual working of this Act aa are prescribed by general rules. 40 V., c. 21, s. 15. And of assessors. 10. The judge shall, from time to time, submit, for the approval of the Minister of Justice, a list of persons of nautical or engineer- ing, or other technical skill and experience, to act as assessoi's in the court; and shall cause the approved list to bo published in the Canada Gazette, and every person named in the approved list .shall attend tho court, under .such circumstance and in such rota- tion, and subject to such regulations, and shall receive such fees, a.s are provided by general rules. 40 V., c. 21, s. 10. BARRISTERS AND PROCTOUS. Who may H, AH persons entitled to act as barristers or advocates in court!"^ "* ^^'^y superior court in any Province of Canada may act as suJi in the court ; and all persons entitled to practice as solicitors or The Maritime Court Act, Onturin. attornoys-at-law, in Ontario, may practice as proctors or solicit- ors in tlio court ; and all persons actirifj as barristers, advocates, j)roctors, or solicitors in the court, shall be officers thereof. 40 v., c. 21, s. 18. 1/5. The principal seat of the court shall bo at Toronto, but Wliorcsit- sittiiigs of the co>irt may be held at any city, town or place with- li'iK^'ijay in the Province of Ontario. 40 V., c. 21, s. 4. lie hold.] JURISDICTION AND PKOCKDUllK. ! 4 l!t Except as herein otherwise provided, all persons shall R'el't* "■"'^ have, in the Trovince of Ontario, the like rights and remedies in o "talio as'to all matters including cases of contract and tort and proceedings mattois re- in rem and in perm nam ariHinrf oat of or connected with navi-'^pccting Hhip- gation, shipping, trade or commerce on any rivei-, lake, canal or^""**' inland water, of which the whole or part is in the Province of Ontario, as such persons would have in any existing British Vice- Admiralty Court if the process of such Conrt extended to the said Province. 40 V., c. 21, s. 1. 14. Subject to the ])rovisions in this section contained, the Jurisdiction court, for the enforcement of such rights and remedies, shall, as^^ tlio court, to the matters mentioned in the next preceding section, have all such jurisdiction as belongs to any existing British Vice-Aduii- ralty Court in similar matters within the rea^h of its process : 2. Tn an^'^ such matter arising within i each of the jirocess of As to matter the Vice-Admiralty Court at Quebec, the court shall have tlu' '^|^''«'''B •" same jurisdiction as any existing British Vice-Admiralty Court "^"^^ "^'" has »ii!alP|J V*^* 'I^Pj^jj extend to the case of a ship registered in a port in the Province -i port of Qi of Quebec, but navigating the waters aforesaid : Ijco. 4. The court shall not have jurisdiction, save as aforesaid, in No jurisdic any matter to which the process of any existing British Vice- *»"" '" certain Admiralty Court extends, — nor shall the couit have jurisdiction in any prize cause, or in any criminal matter, or in nny case of breach of the regulations and instructions relating to Her Majes- ty's navy, or arising out of droits of Admiralty, or out of any seizure for breach of the revenue, customs, trade or navigation laws, or out of any violation of the Act of the Parliament of the United Kingdom, known as " llie Foreign Enllstraent Act," ov of the laws relating to the abolition of the slave trade, or to the capture and destruction of pirates and piratical vessels : 5. No right or remedy in rem given by this Act only shall be Limitation as enforced as against any subsequent bona fide purchaser or moi't- *? '^""j'f '^iijg gagee of a ship, unless the proceedings for the enforcement there- ^^t only. of are begun within ninety days from the time when the same accrued : 6. No right or remedy in rem given by this Act, except a right Rights of or remedy in rem for the wages of seamen and other persons certain at Que- mnrtgngoes protected. Practice in cn8CH unpro- vidcMl for in luloh Effect of (leurccB and orders of ' " judge. The Maritime Cuurt Act, Onlariu. omi)!o}'oil on board a sliip on any river, lake, canal or inland water, of which the whole or part is in the Province of Ontario, shall bo enforced as against anv Iioiki fide niort}i;ngee under a niortffage duly (weuuted and registered prior to the first day of October, one thousand eight hunilred and seventy-eight. 40 V., C. 21, s. 2, part, s. 3 ;— 42 V., c. 40, h. 1 ;— 4') V., c. 34, s. 1. 15. The practice, iileadiug, writs and proce. Appeal to Supremo Court. Procedure in 19. The practice, procedure and powers as to costs, and other- sucli appeal, wise, of the Supremo Court of Canada in other appeals shall so •so far as applicable, and unless such court otherwise orders, apply and extend to appeals under this Act, when no other provision is made, either by this Act or the general rules nmde under this Act, or under " The Siopycme and Exchequer Courts Act." 40 V., c. 21, s. 20. i i CO tu at w nt OKNERAL PBOVlSIONS. By whom 30. The judge, any surrogate judge, tho registrar, an}' deputy- oaths jnay be fp„ijjt,.j^,,^ j^j^^j ^„y person who has power to administer oaths and ■ affirmations in matters pending in the Supreme Court of Canada, or the Exchequer Court of Canada, may administer oaths and affirmations in relation to anj- matter ponding in the court. 40 v., c. 21, s. 16, 2wt Rules of 31. The judge may, with the approval of the Governor in ^achceand Council, from time to time, make, alter and rescind general rulcg may be made. ^0^ establishing and regulating the practice, pleading, writs, pro. I or inland of Ontario, oe under a first day of :i>t. 40 v., i. 1. 'orco at tho rh Court of and extend ir provision er this Act. jiid^o or payable to le Court of ^rij, in tho t, — and all said Court ters pend- ith respect ied on that ilea of tho s to whom !ourt, or of The Maritime Court Ad, Ontimo. 5 codure, costs and fees to practitioners and otRcers in suits insti- tuted under this Act, and for the ettectual workini^'of tiiis Act; and such rules may extend to any matter of prociMline, or other- wise, not provided for by this Act, but fcr which it is found necessary to provide, in order to insur.> the proper worivin;,' of this Act and the better attainment of the objects thereof; and every such rule, not beiny inconsistent with the e;qn-ess provi- Their effect, sioiis of this Act, shall have force and effect as if heiein enacted: 2. Copies of all such rules shall, as soon as possible, bo laiil.J^^'^J"!;^ before both Houses of Parliament, and entered on the records ot the court, and pub'ished in tho Canada Gazette : 3 The Governor in Council may, by proclamation published Rule or order in tiie Canada (Jazrlle, or either Ho>.se of Parliament may, hy a [;;^';y ;^;"""'- resolution passe.l at any time within t. irty days after such rules and orders have been laid before Parliament, suspeml any rule or order made under this Act ; and such rule or order shall there- upon cease to have force or effect until the end of the then next session of Parliament. 40 V., c. 21, s. 8. with by a id with or natla from of a defi- I md other- s shall so lers, apply fovision is uuler this t." 40 v.. ■; y deputy- i oaths and f Canada, )aths and ourt. 40 vernor in eral rulcg \ vrits, pro. . ri The Marifiiiir Court Act, Ontario. Preamble, Jurisdiction as to mort- gages. 51 VICTORIA, CAP. 39. An Act to extend the jurisdiction of the Maritime Court of Ontario. [Assented to 22ud May, 1888.] WHEREAS it is expoilient to extend tlie powers and jurisdic- M tion of tlie Mantnue Court of Ontario: Thercl^ore Her Majesty by and with the advice and consent of the Senate and House ot Goinnions of Canada, enacts as follows : I. The Maritime Court of Ontario shall have jurisdiction over any claim in mspoct ot any mort^rage upon anv ship or vessel now or heronfter y mis iv.cc may be exercised iiv proceedings i/i rc?)i or i?i, OTcrsojmm "^ Vice Admiralty Courts Ad. no Court fay, 1888.] jiiri.sdic- L'fore Her 3Jiate and ition over, oi- vessel Ontario, be under sreiscd hy I I EXTKACT FROM " TlIE VlCE AD:\IIRALTf COUHTS ACT, 1863," showing matters in respect of which Vice Admiralty Courts have jurisdiction : 10. The Matters in respect of which the Vice Admiralty Jurisdiction Courts sliall have Jurisdiction are as follows : rau' Couru' (1.) Claims for S.^amen's Wages : ™ ^ (2.) Claims for Master's Wages, and for his Disbursements on account of the ship : (3.) Claims in respect of Pilotage : (4.) Claims in respect of Salvage of any ship, or of life or Goods therefrom : (5.) Claims in respect of Towage : (6.) Claims for l^amage done by any Ship : (7.) Claims in respect of Bottomrj- or Respondentia Bonds : (8.) Claims in respect of any Mortgage where the Ship lias been sold by a Decree of ' the A'^ice Admiralty Court and the Proceeds are under its (Control : (!).) Claims between the Owners of any Ship registered in the Possession, in which the Court is established, touching the Ownership, Possession, Employment, or Earnings of such Ship : (10.) Claims for Necessaries supplied, in the Possession in which the Court is established, to any Ship of which no Owner or Part Owner is domiciled within the Pos- session at the Time of the Necessaries being supplied. (11.) Claims in respect of the building, equipping, or repairing within any Bi'ltish Possession of anj' Ship of which no Owner or Part Owner is domiciled within the Possession at the Time of the Work being done. 1 1. The Vice Admiralty Courts shall also have Jurisdiction- -'^"".^''"]J'°". (] .) In all Cases of Breach of the Regulations and Instructions relating to Her Majesty's Navy at Sea : (2.) In all Matters arising out of Droits of Admiralty. tH, Nothing contained in this Act shall be construed to take Nothing to away or restrict the Jurisdiction conferred upon any Vice Admi-f^^'™*.''|'.'** ralty Court by any Act of Parliament, in respect of Seizures fortions. Breach of the Revenue, Customs, Trade, or Navigation Laws, or the Laws relating to the Abolition oi! the Slave Trade, or to the Capture and Destruction of Pirates ind Piratical Vessels, or any other Jurisdiction now lawfully exercised by any such Court ; or any Jurisdiction now lawfully exercised by any other Court within Her Majesty's Dominions. 13. The Jurisdiction of t! j Vice Admiralty Courts, except A? *° ^'*"^'^! where it is expi'cssly confined by this Act to nuitters arising Limits ersonam. Sec. 4. All actions .shall be nuud^ercd in the order in which they are instituted, and the number given to any action .shall be the distinguishing number of the action, and shall be written or printed on all documents in the action as part of the title thereof. Forms of the title of an action will be found in schedule A hereto, Nos. 1 and 2. IV. — Writ of Summons. TVrit to be in- Sec. 5. Every action shall be commenced by a writ of sunnnons, dorsed with •which, before being issued, shall be indorsed with a statement of ' ' the nature of the claim, and of tlie relief or remedy required, and Deputy marshal. Examiner. Action. I Counsel. Solicitor. son. Oath. Ship. Month. Registry. Short title. Actions of two kinds. Actions sliall be numbered. General Rules, 11 rt for the ihargo tlie appointed 30 wliere a ii'son law- mnvshal. under the other pro- r advocate y, solicitor )arty him- 1 or other ly include of persons 2l used in or of any t designa- Ontario," rem and in which shall be rittcn or ! thereof. ^- hereto, imiBons, ment of red, and ( i of the amount claimed, if any ; such amount may include as part thereof the reasonable and probable amount of the costs to be incurred for the recovery of the claim. Forms of writ of summons and of the indorsements thereon will be found in schedule A hereto, Nos. 3, 4, 5, and 6. Sec. 6. In an action for seaman's or master's wages, or for When in- master's wages anil disbursements or for necessaries, or f or jj"|Jy'^j™^j",jjg bottonuy, or in any mortgage action, or in any action in which claim to have the plaintiff' desires mi account, the indorsement on the writ of »", '"='^<»"'»' summon.s may include a claim to have an account taken. taken. Sec. T. The writ of summons shall bo indorsed with the name Address for and address of the plaintiff', and of his .solicitor, if ony, and if he ^^^^'^'^'g'-;.^" ^'^ sues in person with Cwi .address, to bo called (t/i (uldrcss for service not more tlian three miles from the registry, at which it shall be sutffcient to leave all documents rc(piired to be served upon him. Sec. 8. The writ of summons shall bo prepared and indorsed Preparation by the plaintiff, and .shall be issued under the seal of the Court, ™i\;''"" °' and a copy of the writ and of all the indorsements thereon, signed by the plaintiff", .shall be left in the registry'at the time of sealing the writ. Sec. 9. The Judjre or surroccate may allow the plamtiff^ to Amendment ° 1 "^1 • 1 _j. xi • 1 of writ and ' " — -i. .LI such I shall amend the writ of siunmons and the indorsements thereon in such imioraemeuts manner and on such terms as to the Judge or seem fit. surrogate V. — Service of Writ of Summons. Sec. 10. In an action in rem, the writ of .summons shall be service in served : — action i;i rem. (a.) Upon ship, or upon cargo or other property, if the cargo or Upon ship, or other property is on board a .ship, by attaching the writ for a short boa^j ship °" time to the main-mast or the single mast, or to some other con- spicuous part of the ship, and by leaving ;i copy of the writ attached thereto. (b.) Upon cargo or other property, if the cargo or other property Upon cargo, is not on board a ship, by attaching the writ for a short time to **-'•' not on such cargo or property, and by leaving a copy of the writ attached °*'^' * ^^' thereto. (c.) Upon freight in the hands of any person, by showing the Upon freight, writ to him and by leaving with him a copy thereof, (d.) Upon proceeds in Court, by showing the writ to the regis- Upon pro- trar and by leaving with him a copy thereof. '^'^'^'^^ '" *=°"''' Sec. 11. If access cannot be obtained to the propevt}* on which if access ean- it is to be served, the writ may be served by .showing it to any "«* be ob- person appearing to be in charge of such p''operty, and by leaving *'"" " with him a copy of the writ. Sec. 1 3. In an action in personam, the writ of summons shall aSu^>r be served by showing it to the defendant, and by leaving with perMHam. him a copy of thy writ. IS Mantime Court of Ontario. t ( ■ Upon member gee. 13. A writ of summons against a firm may be served a'tinn!*"^^'^ ° upon any member of the firm, or upon any person appearing at the time of service to have tlie management of the business of the firm. Against a cor- Sec. 14. A writ of summons against a corporation or a public poration or company may be served in the mode, if any, proviiled by law for service of any other writ or legal process upon such corporation or company. public com' paiiy, manager cashier, treasurer or secretary of corporation Service upon Sec. 1 5. Where no such provision exists, a writ of summons tlie iiresident, against a corporation may be served upon the president, manager, or other head officer, or upon the cashier, clerk, treasurer, or secre- tary of the corporation at the head office or at any branch or agency in Ontario, or on any othoi- person discharging the like duties, and a writ ot sumnions against a public company may be served upon the secretary of the company, or may be left at the office of the company. If person to be Sec. 16. If the person to be served is under disibility, or if served IS un- foj. ^Qy cause personal service cannot, or cannot promptly, be or pro'mut ' ^ effected, or if in any action, whether in rem or in personam, there service can is any doubt or difficulty as to the person to be served, or as to "ff* f "h ^^^^ mode of service, the Judge or surrogate may order upon whom or in what manner service is to be made, or may order notice to be given in lieu of service. Writ may be gec. 17. The writ of summons whether, wrciHorm^ersowam, pklntifl orhis "^^y ^^ served by the plaintiff or his agent within six months agent within from the date thereof, and shall, after service, be filed with an 6 months. affidavit of service indorsed thereon or attached thereto. Affidavit of Sec. 1 8. The affidavit shall state the date and mode of service, service. g^^jj j^^jj^jj ^^ sworn to by the person who served the writ. A form of affidavit of service will be found in schedule A hereto, No. 7. Proeeeedinga in rem in reg- istry outside Toronto, cer- tificate to be forwarded to registrar, con- taining cer- tain particu- lars. In case of decree and sale in an action insti- tuted ou*-side Toronto cer- tificate to be forwarded to registrar con- taining par- ticulars. Sec. 10. In all proceedings in rem in any registry outside Toronto it shall be the duty of the deputy registrar forthwith after the issuing of any writ of summons to forward to the regis- trar at Toronto a certificate of the fact of the issue of such writ, which certificate shall contain the number of the action, the names of the plaintiffs, the property proceeded against, the name of the owner, the amount of the claim, and whether a warrant has issued. Sec. 30. In every action instituted in a registry outside Toronto under which a decree has been made and under which a sale of the vessel is effected, the deputy registrar shall forward to the registrar at Toronto a certificate of such fact : And the said certificate shall mention the number of the suit, the names of the plaintiffs and the owners, and the name of the vessel, together with the amount realized on the sale, and the name of the pur- chaser. Upon receipt g^g .^j Upon tho voceipt of the certificate mentioned in the 01 tne certin- , ' ,. . a , . ■> \^ , • ^ ^ cate registrar '^^o next prcceeumg sections the registrar shall enter in a book shall make which he shall keep for the jiurpose the contents of the said ' tents thereof certificate, duly indexing the same under the names of the plaintiff, i be served ring at CSS of the a public law for rporation summons manager, or secre- ranch or the like lujiy be 't at the ity, or if ptly, be tw, there or IS to •n whom notice to rsonam, ■ months with an service, A form f^o. 7. outside I'thwith e regis- :h writ, ) names of the issued. autside .^hich a mrd to le said of the gether e pur- inthe ' book '■ said lintiff. Oevcral Rnlcft. 13 owner, and the vessel. And the registrar shall tenter in the same book siinilar particulars as to all actions commenced in his own office. VI. — A2i2^earance. Sec. 22. A party appearing to a writ of summons shall file Appcarnnoo an appearance at the place directed in the writ. *° ''^ *^'''^^- Sec. *Hi, A party not appearing within the time limited by Appearance ' 18 on the judge or surrogate appear at any tune on such terms as the tfJJ"/ the writ may, bj' consent of the other parties or by permission of "^'l t^'ns ' the judge or surrogate appear '"- ^"" " ' ^ _. xi. -cxpny o judge or surrogate shall order. Sec. 34. If the party appearing has a set-off or counterclaim Imlorscmcnt against tlie plaintiff, he may indorse on his appearance a •''^^'''■-"ounturclahn ment of the natui'c thereof, and of the relief or romedj- required, „» appear- and of the amount, if any, of the set-off or counterclaim. But if ance. in the opinion of the judge or surrogate such set-off or counter- claim cannot be conveniently disposed of in the action, the judge or surrogate may order it to be struck out. Sec. 35. The appearance shall be signed by the party appear- Address for injr, and shall state his name an, I address, and those of his ?crvice to be o' J ' iiulorsctl on solicitor, if any, and if he appears in person also an address, to be appearr.uce. called an aildress for service not more than three miles from the registry, at whicli it shall be sufficient to leave all documents required to be served upoii him. Forms of appearance and of indorsement of set-off or counterclaim will be found in Schedule A hereto, Nos. 8 and 9. YU.— Parties. Sec. 2C Any number of persons having interests of the same Number of nature arising out of the same matter may be joined in the same persons may action whether as plaintihs or as defendants. '^ •'"'"'^^ " Sec. 21. The judge or surrogate may order any person who is Ad(bng interested in the action, thoujili not named in the writ of •''i''""il,tJf!Tt",i mons, to come in either as plaintiff' or as defendant. Sec. 28. For the purposes of the last preceding section an Who r'.^cmed underwriter or insurer or mortoagee shall be " person interested in the action. deemed to bea?l"™"", interested. Sec, 29. The judge or surrogate may order upon what terms Terms upon any person shall come in, and what notices and documents, if ^^hlch person any, shall be given to and served upon him, and may gi^'^e such '^p^rty.™*^ " further directions in the matter as to him shall seem fit. VIII. — Consolidation of Actions. Sec. 30. Two or more actions in which the questions at issue Action may are substantially the same, or for matters which might properly ^^ consoli- be combined in one action, may be consolidated by order of the i^^^^a tTbe judge or surrogate upcn such terms as to him shall seem fit. iixed by judge or surrogate. M;! I i 14 Several ac- tions may bo triuil at aaiiic tiinu. Samo evi- dence. Test action. Two or nior actions l)rou>,'lit against tlic same pro- perty, how consolidated and how dis- severed. Mdvidime Court of OnttD-io. Sec. 31. The judge or surrogate if lie thinks fit, may order several actions to bo tried at tlio same time, and on the same evidence, or the evidence in one action to he used as evidence in nnotlier, or may order one of several actions to be tried as a test action, and the other actions to be st.ayed to abide the result. I Sec. ll'i. If two or more actions be brought against the samo property the writs for which have been issued from the same ofhce, the judge or surrogate as the case maj' be, may consolidate the same, and may afterwards if necessary dissever the actions ; but an application for the consolidation of, or afterwards for the disseverance of two or more actions, wherein all the writs have not been issued from the same office, shall be made to the judge. Action and Sec. 33. Action and cross action of damage may be directed cross action i^ ^j^^^ judge or surrogate, as the case may be, to be heard at the may 1)0 heard •' , .'' " i Ti -i i i -c ii i- i ^ at the same same time, and upon tlie same evidence, hut u the actions be not time. commenced in the same office the order for the trial shall be made by the judge. IX. — W'xrrants. Warrant in Scc. 34. In an action in rem, a warrant for the arrest of an action in property may be issued by the registrar or deputy registrar at issned and ^he time of, or at any time after the issue of the writ of summons, what facts toon an affidavit being filed, stating the facts as prescribed by the state. following .sections. Forms of affidavit to lead warrant will be found in schedule A hereto, Nos. 10, 11 and 12. Affidavit, Sec. 3.'». The affidavit shall state the nature of the claim, and what to state. t],at the aid of the C(jurt is reciuired. Sec. 30. The affidavit shall also state : — (a.) In an action for wages, the national character of the ship, and if the ship is foreign, that notice oi' the action has been served upon a consular officer of the State to whicli the .ship belongs, if there is one resident at Toronto or in the place where the writ is issued ; (h.) In an action for necessaries, or for building, equipping, or repairing any ship, the national character of the siiip, and that, to the best of the deponent's belief, no owner or part owner of the ship was domiciled in the Province of Ontario at the time when the necessaries were supplied or the work was done ; (c.) In an action between co-owners relating to the ownership, possession, employment, or earnings of any ship registered ir the Province of Ontario or the Province of Quebec, the port at which the ship is registered and the number of shares in the .ship owned by the party proceeding. In a mortgage (c?.) In a mortgage action, the nationality of the mortgagee action. ^j^j verifying a copy of the mortgage annexed to the affidavit. In an action Sec. 31. In an action for bottomry, the bottomry bond in ori- for bottomry gjnal, and, if it is in a foreign language, a translation thereof, shall In action for wages, &c. In action for necessaries, or for build- ing, &c. In action be- tween co- owners. may order tlio sivino v'Monco in (1 as a test result. t the same the same onsolklato le actions ; ds for the writs liave tlie judge. )e directed xvi] at tlio ons be not d shall be arrest of i^'istrar at summons, •ed by the it will be f'ium, and the ship, has been li the ship tee where pping, or and that, owner of the time le; vnership, eperty shall be deemed to bo arrested. shal. Sec. 4*1 Christmas , The warrant may be served on Sunday, Good Friday, Service on Day or any public holiday as well as on any other ilay. ||"j"^^y °'' Sec. 43. The certificate shall state by whom the warrant has Certificate of been served, and the date and mode of .service, and shall bo signed ?®''^'"^p' ^^** to stuto by the marshal or deputy marshal. A form of certificate of service will be found in schedule A hereto. No. 14, Sec. 44. Whenever the property to be arrested is at a dis- tance from the marshal or any deputy marshal, the registrar or deputy registrar may, with a view of saving expense, address the warrant to some literate pei'son in the neighborhood of the pro- perty, in which case such person shall, with respect to the warrant, perform the same duties and be entitled to the same fees as the marshal or deputy marshal would have performed and been entitled to had the warrant been executed by him. Sec. 45. The registrar or deputy registrar shall wherever a Necessary in warrant is addressed to a pcison other than the marshal or deputy structiona in marshal give to such person all necessary instructions as to the ' execution thereof. Service when property to be arrested is distant from marshal or deputy mar- shal may be made by some literate per- son. such case. X. — Ttvo or more actions against the Same Property. Sec. 4C. When the property is under arrest of the Court, if Seconder there be a second or subsequent action against tho same property, actiou'agamat ' ! f ! I it property un- der arroBt, Action ngaiimt pro- perty under arrest com- menced in another office; provisions and require- ments in such 16 Miirii'ime Court of Onfdvio. it shnll not be necessary to lake out n warrant for the further arrest thereof, but if in such second or subsequent action such requirements as wonld Imvo ontitlod tlio plaintiff to a warrant hail the property not been under arrest be conii>Iied with, the pro- perty shall be held as under arrest in sucli second or subsequent action also, and the registrar, or deputy registrar as the case may be, shall issue his certificate to that effect, and an office copy of such certificate shall be annexed to and served with the copy of the writ to be served. Sec. 41. If when any property is under arrest of the Court, there bo another action against the same pro])erty which has been commenced in another office, it shall not be necessary to take out a warrant for the further arrest thereof ; but if in such other action such requirements as wonlil have entitled the plaintiff to a warrant had the property not been under arrest be complied with, the registrar or deputy registrar, as the case may be, shall issue his ceititicate to that effect, which certificate shall bo filed with the registrar or deputy registrar who issued the warrant under which the property has been arrested, and thereupon the property shall be held as under arrest in such other action and shall only be released upon the certificate of the registrar or deputy regis- trar with whouj the other action lias been instituted to the effect that the party seeking the release is entitled thereto. An office copy of the first-mentioned certificate shnll bo annexed to and served with the copy of the writ to be served in such other cause. If bail is to be given in such other action the proceedings relating thereto are to be taken in the office of the registrar or deputy registrar Avith whom the action is instituted. XL— Bail. Sec 48. Whenever bail is required by these rules, it shall be given by filing one or more bail bonds, each of which shall be signed by two sureties, uidess the judge ov surrogate .shall, on special cause shown, order that one surety .shall suffice. If bail is to be given the bond may be in the form number 15 of schedule A liereto. Execution of gec. 4J^. Such bond may be executed in the presence of one affidavits of" witness wlio must make an aflfidavit verifying the execution, the execution and sureties must justify by affidavit, and the bail bond may be justification, signed and the aflRdavits taken before any Commissioner of the Supreme Court of Judicature for the Province of Ontario. Form of affidavit of justification will bo found in schedule A hereto No. IC. If bail is to be given in other action. Bail, Low to be given. Sec- 50. Upon the bond being so executed it may, with the affidavits of execution and justification, bo filed with the regis- trar or deputy registrar, as tlie case may be, and an appointment may be obtained for its consideration before him. Twenty-four hours' notice of such appointment, together with pointment for the names and addresses of the sureties and the amount of the ties"elative ^'^^^> shall be given to the plaintiflT, unless the judge or surrogate o the Buffi- for special reasons allow a shorter notice to be given, and on the Bond and affidavits to be filed. Notice of ap- Gcveriil Hulen. the further action such a wnrrant itli, t'/ie pro- sulHoqiient 10 ca-!o may Hco copy of ;ho copy of the Court, icli has been tr> take out such other aintiflF to a plied with, shall issue filed with •rant under he property shall only 'puty rejjis- o the effect An office xed to and Jther cause, proceedings registrar or , it shall be h shall bo to shall, on le. If bail liber 15 of nee of one cution, the id may be ner of the rio. Form A hereto , with the the regis- lointment ther with int of the surrogate id on the 17 return of the appointment the registrar or ileputv registrar may^'ency of the liear the parties and any evidence they may aitducu reiranlini' !""',"*'''"'.• *"'* the Hutfieieno}' of the sureties, and may allow or iIishIIow the ami wlmt to bond. He may adjourn the appointment from time to time if lio <;outaiii. thinks necessary, and shall liiins^'lf make such in(|uiries respect- in" the sureties as he thinks fit. XII. — licleasi'n. Sec. at. A release for propo^i' arrested l)y warrant may be Release for issued by order of the judge or surrogate. property ar- rested. Sec. Si'i. A releaso may tdso be issued by the registrar or When it may deputy registrar, unless there is a caveat outstanding against the ''* '**"6'l from release of the property : — '"" registry. (a.) On ])aynient into court of the amount claimed, or of the Payment into ap))raised value of the pioperty arrested, or where cargo is court, arrested for freight only, of the amount of the freight verified by affidavit ; (b.) On one or more bail bonds being filed for the amount Bail bond claimed, or for the appraised value of the property arrested ; and '^*''"« '^'^''' on proof that twenty- four hour.s notice of the names and addresses of the sureties has been previously served on the party at whose instance the property has been arrested ; (c.) On the application of the party at whose instance the Application property has been arrested ; "^ P*'"*y- {(I.) On a consent in writing being filed signed by the party Consent in at whose instance the property has been arrested ; writing. (f ) On discontinuance or dismissal of the action in vvhich the nisoontinu- property has been arrested. ""'^'^> *°- Sec. 5IJ. Where property has been arrested for salvage, the Property ar- release shall not be issucvl under the next foregoing section, except '^sted for on discontinuance or dismissal of the action, until the value of"" ^**^^' the property arrested has been agreed upon between the parties or determined by the judge or surrogate. Sec. 54. The registrar or deputy registrar may refuse to issue Registrar,&c. a release without the order of the judge or surrogate. "nay refuse. Sec. 55. The release shall be prepared in the registry, and Preparation, shall be signed by the registrar or deputy registrar, and issued ?'fe'"'"8*nd under the seal of the court. A form of release will be found inje^e." '^^ schedule A hereto. No. 17. Sec. 5C. The release shall be served on the marshal or deputy Release, how marshal, either personally or by leaving it at his office, by the ^^''^c*'- party by whom it is taken out. Sec. 51. On .service of the release, and on payment to the Property free marshal or deputy marshal of all fees due to and charges incurred f™"! Preston by him in respect of the arrest antl custody of the property, the fease*^ &c. "" property .shall be at once released from arrest. 18 MiniHinr ('oarl of (hilmin, XIII. — Prdiminarij Aclff. Scf. iVH. In nu nctioii for (laniiiLft' liy CDllisioii, ctuOi i)arty .slmll, witliiii one n'vil: lioiii an appfaninci' licinjf cntcioil, tilu a pirlimiiKii'fj art, scali'd up, si^'hcd liy tlu* party, and containinj,' n .stak'nu'nt nf i\w folluwiny particulars : — (a.) Tlio nauu's of tin; .ships whieli canio into collision, and tlio names of tlioir masters ; (6.) The time of tho collision ; (c.) Tho place of tho collision ; {(L) The direction and foi-co of the wind ; (f.) Tho state of the weather ; (/!) The state and force of the tide (if the collision occurred in tidal wateis) ; (g.) The course and speed of the ship when the other was first seen ; {It.) The lights, if any, carried l)y her ; (/.) The distance and bearinh» nnujhorod consi-cntiv*!!)', which shall stati* concisi'ly tht- facts oii [,",.'^","'","i whidi tho party vi'lit-s; and all the pleadings in a cansc must lie all iii.i'i.iinKii filed at till' same ofiicc. lil>a in H;imo (iIHl'o. Sec. i\\\. It > ii I 1 11 l\ L \- L t \ L\ 1 ,,f')i' Ontario Visions ot these rules, he tiie same as that ihrecteii l)y tlie rules oiaiulof Uiitiah practice in force from time to time in tho Supreme (Jourt of Judi- VicuAihnir- cature for Ontario ; or the forms nf pleadings ap|ieniled to t''''i',|'^f,[','!"„'^''',V rules of the V^iei!- Admiralty vJoiirts estahlislied by the Quet^n's culUo. Order in Council of the i'M-A August, lfS8:{, may ho used. Sec. O.V Either party may ap,dy to tho Judge or surrogate Qiiostion of to decide forthwith any niiestion of fact or of law raised hy any '"^"J" '"1^* pleading, and the Judge or surrogate shall thereupon mako such "J.'ie.i'f'uftj,'. order as to him shall seem fit. with. Sec. 6<». Any pleading may at any time be amended, either AimnKhiiont by consent of tho imrties, or by order of the Judge or surrogate."' l""'''""o' .Service of writs, plead- iiigM, iioticeH, itu., not re- iiuiriiig per- Hoiial aei'vico, liow nuulu. I'ostincii]) eopy in ottice of registry, when Hutliei- ent service. ' See. ) not reipiiro ])(!isonal servir upon the ]iarty to be aHVeted tliereliy, may bo served upon his lulicitor or upon tho agent ol siieh solieitor named in the " solicitor's and agent's liook " proviiled fra' l)y section 2(i.j of these rules, ami kept in the ofiiee of the registrar or deputy registrar fmni which the writ issued. .\iid if any sueji solicitor ■■ negle(!ts to cause the name of his agent to lie specified in such ^ book, tho jiostiiig up a copy of any such writ, pleading, notice, order, warrant or other document or written communication for the solicitor .so neglecting as aforesaid, in theotlico of the registrar or deputy registrar, as tho (^aso may be, is to bo deemed suHieient service. X V. — 1 ntcrrotjatorlca. Sec. 08. At any time before tho action is sot down for hear- Leave to ad- ing any party desirous of obtaining tin; answers of tho adverse!"""^'"""?' 1. i.1 i • 1 i ii • 1 i ii terrogatories. party on any matters material to tlus issue, may apply to the when and judge or surrogate for leave to administer interroeatories to the '"'w to be adverse party to be answered on oath, and the judge or suvro-" gate may direct within what time and in what way they shall bo answered, whether by attidavit or by oral examinat'on. Sec. fill. The judge or surrogate may order any interro- Oijjectionable gatory that he considers objectionable^ to be amended or struck "'*''""'°8**°''y out; and if tho paiiy interrogated omits to an.swer or answers amenaej or insufficiently, the judge or surrogate may order him to answer, or struck out. to answer furthe.-, and cither by affidavit or by oral examination. Forms of interrogatories and of answers will be found in schedule A hereto, Nos. 18 and 19. 20 Maritime Court of Ontario. XVI. — Discovery and Inspection. Discovery on Scc. 10. The judge or surrogate may order any party to an oath, how action to make discovery, on oatli, of all documents which are in o auie . j^j^ possession or power relating to any matter in question therein. Affidavit of discovery. Sec. II. The affidavit of discovery shall specify which, if any, of the documents therein mentioned the party objects to produce. Notice for in- Sec. T?J. Any party to an action may file a notice to any transcr'/utLn ^ther party to produce, for inspecticm or transcription, any docu- " ment in his possession or power relating to any matter in ques- tion in the action. Sec. 73. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the adverse piuty may apply to the judge or surrogate for an order to produce. XVII. — Examination of Parties. Rules, &c. of Scc. 74. Any party to an action may be examined bj' the Supreme party adverse in interest, and the practice thereon shall be the Ontario to same as that directed l>y the rules and practice of the Supremo apply. Court of Judicature of Ontario in that behalf Order to pro- duce, how- obtained. XVIII. — Admission of Docti.ments and Facts. liiil ' !■ i 3 Notice to ad- Sec. 75. Anj' party may file a notice to any other party to w-'LctmaTbe^'^'"^ ^"-"^ document or fact (saving all just exceptions), and a tiled. P'li'ty not admitting it after such notice shall be liable for the costs of proving the document or fact, whatever the result of the action may he, unless the taxing officer is of opinion that there was .sufficient reason for not admitting it. No costs un- Sec 'JI5 jifo costs of proving any document shall be allowed, given. ^ unless notice to admit shall have been previously given, or the taxing officer shall be of opinion that the omission to give such notice was reasonable and proper. XlX—Si^ccial Case. Special case Sec. 17. Parties may agree to stiite the questions at is,sue for by agree- the opinion of the judge or surrogate in the form of a special case. m of Sec. 78. If it appears to the judge or siirrogate that there is '■y ''" in any action a question of law which it wouh'. be convenient to Question of law may 1 order of judge ''*^'® decided in the first instance, he may direct that it shall be or surrogate, raised in a special case or in such other manner as he may deem expedient. Special case, Sec. 70. Every .special caso shall be divided into paragraphs, and statelr' ""'"^'"''^^ consecutively, and shall state concisely such facts and documents as may be necessary to enable the judge or surrogate to decide the question at issue. General Rules. 21 party to an vliich aie in question • wliich, if objects to tice to any any docu- ler ia ques- ice omits or notice, the or an order ned b}' tlie lall be the le Supremo er part}' to ons), and a ble for the suit of the that there )e allowed, en, or the give such t issue for a special it there is /^enient to t shall be nay deem ragi'aphs, facts and surrogate i Sec. 80. Every special case shall be signed by the paf^ap.'wgned jjjf ^ and may bo filed by any party. ' A*- Partjeff-, . /'/^ /?• -^ ' ''' \ X^.— Motions. '/^ / . -> • ," ' //. No proceeding shall be defeated by any formal ob- Formal objec- jection. *'""• Sec. !>0. All orders made by the judge or surrogate in cham- Efifect of or- bers shall have the force and efi'ect of orders of the court. jl*^"^ '" •^h'*'"" bers. Sec. 91. When the writ has been issued by the registrar all applications in the cause to the court or in chambers shall be heard by the judge, unless ho direct the same to be heard before a surrogate. When the writ has been issued by a deputy registrar all appli- cations in the cause to the court or in chambers shall be heard by the surrogate residing nearest the place where such deputy regis- trar's ofiice is, unless he direct the same to be heard before the judge or another surrogate. Hearing of applications when writ issued by registrar. Hearing of applications when writ issued by a deputy registrar. p,lF PROPSrJV OF i i •I M it 22 Mdritiiue Court of U)i.tuiio. XXI— Tenders. Payment into Sec. 91t. A party desiring to make a tender in satisfaction of court and fil- ^\^q whole or any part of the adverse jiarty's claim, shall pay into in^case'of court the amount tendered by him, and shall tile a notice of the tender. terms on which the tender is made. A party may make a tender notwithstanding he has pleaded other grounds of defence. Filing of no. ggc. 9li. Within a week from the filing of the notice of ten- versrpartyf" der the adverse party shall file a notice, stating whether he accepting or accepts or rejects the tender, and if he shall not do so, he shall rejecting. \,q \^Q\^\ to i,ave rejected it. Forms of notice of tender and of notice accepting or rejeeting it will be found in schedule A hereto, Nos. 20 and 21. Suspense of Scc. *M. Pending the acceptance or rt>jection of a tender, the proceedings, proceedings shall be suspended. Statutes of Ontario to apply. XXII. — Evidence. Sec. t)5. The statutes respecting witnesses and evidence in force in the Province of Ontario shall apply to trials and pro- ceediuji's in the Maritime Court. Modes of giv- Sec. !N». Evidence shall be given either by affidavit or by ing evidence, ^^.j^j examination, or partly in one mode, and parti}' in another. Evidence on motion and on Sec. JH. Evidence on a motion shall in general be given by hean'lig,"'siil'-''^^"''''^''t> *"*^' '"^^ *''*^ hearing b}' the oral examination of wit- ject to order nesses ; but the mode or modes in which evidence shall be given, of judge or a eitlier on any motion or at the hearing, may be determined either •og.i e. j^y consent of the paities, or by onler of the judge or surrogate. Order to at- Sec. 08. The judge or sui-rogate may order any person who *^"*' ^""^^f'"^^' I'ii'^ made an affidavit in an action to attend for cross-examina- tion thereon before the iudi>e or surrogate, or the reyistrar or dci)uty registrar, or before an examiner named in the order. examination. The order and ^^'^^ *^*^- Witnesses examined oralh' before the judge, .surro- manner in gate, registrar or deput}' registrar or examiner, shall be exam- wiiith wit- ined, cross-examined, and re-examined in such order as the judge, examined, &c. surrogate, registrar or deputy registrar or examiner, may direct ; and questions may be put to any witness by the judge, surrogate, registrar or deputy registrar or examiner, as the case may be. Examination See. 100. If any Avituoss is exanuned by interjirctation, such by interprota- interjiretation shall be made by a sworn interpreter of the court, or by a person pieviously sworn according to the form in sched- ule A hereto, No, 22. Copies of ex- Sec. 101. The parties to the action shall, on payment of the fww'obtaiiied I'^-o'"'*!'" ^*^^^> ^^ entitled to have from the examiner certified " copies of such depcjsitions or any part thereof immediately after they have been taken. Examination Sec. 1058. Either solicitor in the action may apply to the mva wee may jm}ge q^. surrogate to order the attendance of any witness for (General Ridos. 23 Itisfaction of [all pay into loticc of the Ike a tender ■once. kice of ten- Jvvhcther he (so, lie shall ider and of lie A hereto, fceiider, the evidence in Is and pro- lavit or l»y in another. e given by in of wit- II he given, lined either V sui-rogate. person who s-exaniina- egistrar or order. dge, surro- be exani- the .judge, ay direct ; surrogate, lay be. ition, such the court, in sclied- nt of the certified tely after ly to the tness for examination w«a voce at tlie hearing, although the witness may have already made an affi(hivit or been examined before the judge or surrogate, r an extaniiiicr or officer of the court. WirL—Oallis. Sec. 10J5. The juii of every person niaking ]je,'gj"* ""'"' an affidavit shall be inserted therein. Sec. 105. The names of all the pcisons making an affidavit, Names, dates and the dates when, and the places where it is sworn, shall be ?;'_^J[^ ^P''^"^*^* '" inserted in the jurat. jurat. Sec. 100. When an affidavit is made by any person Avho is Affidavit by blind, or who from his signatui'c or other wise appears to be illit-P'^'™" '^^""^ erate, the person before whom the affidavit is sworn shall certify )*g\,g'.j,i'Qygj,° that the affidavit was read over to the deponent, and that the and certified, deponent appeared to understand the same, and made his mark or wrote his signature thereto in the presence of the perscm before whom the affidavit was sworn. Sec. 101. When an affidavit is made by a person who does Affidavit by not speak the EngliOi language, the affidavit shall l)e tuken down ".'*'^'"P''"*^''' and read over to the ileponent by inter[)retation either of a sworn „',^jp '"^^ interpreter of the court, or of a person previously sworn faith- fully to intei-pret the affidavit. A form of jurat will be found in schedule A hereto. No. 24. Sec. 108. Affidavits may by permission of the judge or .sur- Affidavits, rogate be used as evidence in an action, saving all justi'^^"''*' "'''°"' => , . ' ° " to be sworn. exceptions: (ft.) If sworn to, in the United Kingdom of (ireat Britain andlnBritisliter- Ireland, or in any British possession, before any person authorized "*^<""y. to administer oaths in the said United Kingdom or in such posses- sion respectively ; (h.) If sworn to, in any place not being a part of Her Majesty's In foreign dominions, before a British minister, consul, vice-consul, or notary *"''"*°''y- public, or before a judge or magistrate the signature of such judge or magistrate being authenticated by the ofticial seal of the court to which he is attached. Sec. 100. The reception of any aihdavit as evidence may be When affi- objected to, if the affitlavit has been sworn before the solicitor for 'Ijiyit '"'ly 'j" the party on whose behalf it is offered, or before a partner or " ^'^'^ ^'' °' clerk of such solicitor. i;i! ;■■' t4, Marithne Court af Onfurii) XXV. — Oertijicate of State of Actiov. Certificate of g^p ||^ Upon the application of an\' person the registrar proceeaiDKs , . . . ^ . *,'. „ 1,11 • 1.1 fn office of 01' deputy registrar is to certity, as shortly as no conveniently can, registry. the several proceedings had in his office in any action or matter, and the dates thereof. Judge or 8ur- lOgate may onier exiunin- ation of wit- nesses before trial under certain cir- cumstances. XXVI. — Examination of Witnesses before Trial. Sec. 111. The judge or surrogate may order that any witness, who cannot conveniently attend at the trial of tlie action or, if in the opinion of the judge or surrogate it may be impossible or very ditticult to procure his attendance at the trial, shall be examined previously thei'eto, before either the judge or surrogate, or the registrar or deputy registrar, who shall have power to adjourn the examination from time to time, and from place to place, if he shall think necessary. A form of order for exami- nation of witnesses will be found in schedule A hereto. No. 25. Sec W'i. If the witness cannot be conveniently examined Power to swear wit- nesses. Examination examiner or a li^c fore the judge, surrogate or the registrar or dejinty registrar, commissioner, the judge or surrogate may order that he shall be examined before a special examiner, and if the witness is beyond the limits of the Province of Ontario, the judge or surrogate may order that he shall be examined before p commissioner specially appointed for the purpose. See. 1 13. The examiner or commissioner shall have power to swear any witnesses produced before him for examination, and to adjourn, if necessary, the examination from time to time, and from place to place. A form of commission to examine witnesses will be found in schedule A hereto. No. 20. Counsel fee Sec. 114. The parties, their counsel and solicitors, may attend tkni.'"*'""'* ^^^^ examination, but, if counsel attend, the fees of only one counsel on each side shall be allowed on taxation, except by order of the judge or surrogate. Evidence to ggc \ 1 ,5_ The evidence of every witness shall be taken down wdtingand "^ writing, and shall be certified as correct by the judge, surro- certifled. gate, registrar or deputy registrar, or by the examiner or com- missioner, as the case may be. Evidence to 1)6 lodged in Sec. 110. The certified evidence shall be lodged in the regis- registry. *"'>'' ^r, if taken by commission, shall forthwith be transmitted Transmitted ^>J' the commissioner to the registry, together with his commission. to registry A form of return to commission to examine witnesses will be found in schedule A hereto. No. 27. be^file?n)v '^^ Sec. 111. As soon as the certified evidence has been received either party, in the registry, it may be taken up and filed by either party, and may be used as evidence in the action, saving all just exceptions. XXNll.— Short-Hand. faklSr*'"" ^^c- **'^- I" case of an examination before the trial or short-liand. otherwise than at the trial of an action, if the examining party ^ General Rules, 25 |ie registrar licntly can, |i or matter, ha I. |ny witness, iction or, if lipossible or shall be surrogate, power to )ni place to for exami- o, No. 25. examined y registi-ar, examined 1 the limits may order specially 'e power to ion, and to ) time, and e witnesses may attend only one )t by order iken down Ige, surro- sr or com- the recis- ansmitted muiission. s will be 1 received arty, and cceptions. trial or iig party I I I desires to have such examination taken in short-hand, he shall be entitled to have it so taken at the place of examination except when the judge or sun-ogate sees fit to order otherwise. Sec. 11!>. ^v'hon an examination in an action or proceeding Examination in court or otherwise is taken by an examiner or other tluly^y-l"^***"'" authorized person in short hand the examination may be taken how to be ' down by question and answer; and in such case it shall not betaken, necessary for the depositions to be read over to or be signed by the peison examined unless the judge or surrogate so directs where the examination is taken before the judge or surrogate, or in other cases unless any of the parties so desires. Sec. I5iO. A copy of the depositions so taken, certified by Copy of the person taking the same as correct shall for all purjiosos have depositions so the same eftect as the original depositions in ordinary cases. Sec. 1/81. Except in cases where the examiner himself takes Sliort-hand the examination in short-hand, the short-hand writer employed w"'*"" *" '"^ shall be previously sworn faithfully to rejiort the evidence. A form of oath to be administered to the .short-hand writer will be found in schedule A hereto, No. 28. Sec. i*i*Z. The judge may from time to time appoint under Appointment the .seal of the court an official rei)orter of the court, and it .shall"* official be his (hity to attend all sittings of the court at Toronto, (or elsewhere if retiuired by the judge), and report in .short-hand the evidence and proceedings at trials at .such sittings. Sec. t'Vi. The official reporter shall be entitled for his attend- Fees to oifioial ance at court and for copies of evidence when ordered by either ''*'P°''*''''' party or by the judge or surrogate to the fees set out in the table of fees in schedule B hereto. Sec. 1?54. Every official reporter shall before entei'ing on the oath of office duties of his office, take the following oath before the judge, andof official the .same .shall bo filed in the registrar's office :— reporter. I, A. B., do solenmly and sincerely promise and swear that I will faithfully report the '*'''"''J any trial of an action to be taken in shdit-hand, and may make ^i^^j^JJ^^L jj,, such ordi'r as to the costs of taking the same as to him .shall seem ordered, just. XXVIIL' -Prlntinfj. Sec. I*i0. The judge or surrogate may order that the wdiolo Printing of of the pleadings and written proofs, or any part tiicreof, shall be l''*''"''"^* "^^ prmted berorc the trial ; and the prnitmg shall be in such lorm proofs, as the judge or surrogate shall order. Sec. 131. Preliminary acts, if printed, shall be printed in Preliminary parallel columns. *<^**' 26 Maritime Court of Ontario. XXIX. — Asficssors. '! i| Appointment <^ec. tliH. The jiidgo or suiTooate, on tlio application of any of aascssors. pri,.^y_ q,. without any such application, if he considers that the nature of the case recjuircs it, luaj' appoint one or more assessors to advise the court up(;u any matters ix'cpiiring nautical or other professional knowledge. Assessor duly siininioned tlirce cloar days shall give liis at- tendance and assistance. vSnminons shall he sent in registered letter. Assessor fail- ing to attend subject to removal. In case of ahsence or illness of assosaor. Sec. 1 *i9. Each asses.sor named in the list of assessors prepared under the Act on being duly summoned three clear days before the day on which liis attendance is required, shall give his attend- ance and assistance accordingly ; such summons shall be sent by the i-egistrar or deputy registrar in a legistered lettei- directed to the assessor at his address as specificu in the list, or such other address as shall on the application of the assessor be sultstituted therefor in a copy of the list to be kept in the i'egistrai"'s f)r deputy registrar's othce. If any assessor being «hily summoned shall, without reasonable excuse fail to attend or to give his assistance, the Minister of Justice, on the application of the judge, may remove his name from the list. The judge or surrogate shall have power, in case of the absence or illness of any assessor sununoned, or for other cause which .shall appear to him sutticient, to pa.ss over such a.ssessor and cause another to be summoned in his stead. ^! i: I! i! Assessors to Sec. I ItO. Each as.sessor shall be pnid in each case the sum he paid §6 per of six dollars foi' each day on which he shall attend in i)ursuance fcea'tohocosls^^' '^'^y ^^^^^^ summons for that purpose as aforesaid, and the fees in the cause, of each assessor shall be costs in the cause ; but shall in the lirst instance be paid b}' such of the parties to the action an the judge or suri'ogate may tlireet. Asses.sor.s to Sec. I It I . Tliu as.scssors shall be selected from such list in rotation "*'^^''^*'"'^ unless the judge or surrogate for any .special reason shall otherwi.se direct. Filing notice of trial. If there has heen no ap- pearance. In an action ill pertdiiam. In an action ill mil. XXX. — Settivg down for Trial. Sec. 1IJ?J. An action shall be set down for trial by filing a notice oi" trial. A form of notice of tiial will be found in schedule A hereto, No. 29. Sec. IIH5. If there has not been any appearance, the plaintiff may set down the action for trial, on obtaining from the judge or suri'ogate leave to pi-ocecd ex parte : — (a.) In an action in i)cr>innam, or an action against proceeds in court, aftei- the expiration of tivo weel'S from the service of the writ of summons ; {h.) In an action in rer/i (not being an action against proceeds in court), after the expiration of tv:o vxela^ from the filing of the warrant. If an appear- ance. Sec. 134. If there has been appearance, either part}' may .set down the action for trial ; — General Rules, (a.) After the expiration of one iveelc from the entry of the After expira- appearancc, unless an order has l)een made for pleadings, or an ^'°"|j "** application for such an oider is ])endin<,'; (/>.) If pleadings have Ijeen ordered, when the last pleading jf pieadmga has been tileil, or when the time allowed to the adverse party for have heeu filing any pleading has expired without such pleading having been "'''^'''■"'^• tiled. In collision cases the preliminary acts may be opened as soon in collision as the action has been set down for trial. eases. Sec. IIJ5. Where the writ of summons has been endorsed ^^'I'erc claim with a claim to have an account taken, or the liability has been j,q„JJ![.^ ^.j^j^'y,, .admitted or determined, and the question is simply as to the amount due, tliL- judge or surrogate may, on the a])plication of AVhen liabil- either party, tix a time within which the accounts and vouchers, j'y '"'""tted, and the proofs in support thereof, .shall lie liled, and at the [.'["xing a time expiration of that time either party may have the matter sent for tiling ac- down for trial. '^'""'t^' *°- XXXI.— 2Vm/. Sec. ISO. After the action has been set down for trial, any Time ami party may apply to the judge or surrogate, on notice to any otherplice of trial, party appearing, for an order fixing the time and place of trial. Sec. 1151. The judge or surrogate may order such trial to judge or siir- take place ijel'oro iiimself or })efore the judge or any surrogate, rogate may oilier. Sec. IIJH. Where tlw; ti'ial is to be had in any town or place where trial is other than that in which the pleadings are filed, it shall be the to be had in dutv of the nartv who obtains the ord(!r fixiuff the place of tiia1 1'^''"-'" ""V-'l" *" • . tllilll tllilt ill to deliver to the registrar or deputy registrar with whom the ^i,ij.i, pi^ad- pleadings are, filed, a sufiicient time befijre the day fixed for hear- ings are filed, ing, a i)rn'c'q)e requiring him to transmit to tlie registrar or deputy registrar nearest the place where the trial is tt) be had, the pleadings and such other papers as may be specified in the jmecipe, ami at the same time to deposit with liim a sufficient sum to cover the expense of transmitting and retransmiting such pleadings and i)apers,and thereupon it shall be the duty of the regis- trar or de[)uty registrar foithwitli to transmit the pleadings and such other papers as may be specified accordingly. Sec. I liU. At the trial of a contested action the plaintiff .shall ^Vho shall in general Ijegin ; but if the burden of proof lies on the defend- "^^*''"" ant, the judge or surrogate may direct the defendant to begin. S ec. 140. If there are several plaintiffs or several defend- If several i or .> defendant shall beirni. ants, the judge or surrogate may direct which plaintiff or which }|jfj,„j|^,,jg Sec. 141. The party beginning shall first address the court, Order of pro- and then produce his witnesses, it any. The other party or par- ^".^''j'"^ '" *•'** ties shall then a. Where the registrar or deputy registrar is directed rei{i8°rarXd^ *^ appoint money to be paid at some time and place, he is to reeled to ap- appoint the same to be paid into some incorporated bank at its point money head office, or at some branch or agency office of such bank in o e pan . Ontario to the joint credit of the party to whom the same is made payable, and of the registrar or deputy registrar of the court ; the party to whom the same is made payable to name the bank into which he desires the same to be paid, and the registrar or deputy registrar to name the place for such payment. Where money ggg |50 Where money is paid into a bank in pursuance of bank in pur- '^"^h appointment the party paying may pay the «ame either to snance of the credit of the party to whom the same is made payable, or to appomtment. i]^q joint credit of the party and the registrar or deputy registrar, and if the same be paid to the sole credit of the party, such party shall be entitled to receive the same without an order. Where de- ggc. 151. Where default is made in the payment of money iu'uaymwit.^ appointed to be paid into a bank, the certificate of the cashier, (fOU'fdl livl('f>. rd on each tliu nature heard on suiTogate dduced by s fit, refer unt to the )y one or trial, shall or deputy Ijourn the if he shall s shall be ce of the [ulation of ine Court, reference, ion unless ttendance gistrar or ;he result, , together ^ form of i directed , he is to Ilk at its bank in D is made »urt; the ank into r deputy uance of eitlier to lie, or to egistrar, ch party t money cashier, manager or agent of the bank where the same is made payable, or of the like bank officer shall be sutRcient evidence of default. Sec. 15/8. When the report is ready, notice shall be sent to Notice of re- the parties, and either party may thereupon take up and file the P"'1 '"'"'K report. ''*' '^" Sec. I5JI. Within tivo vjeekft from tlie filing of the registrar's Notice of or deputy registrar's report, either party may file a notice of ^''*'"" ^^ motion to vary tlie report, specifying the items objected to. "T P • Sec. 154. At the hearing of the motion the judge or surro- Hearing of gate may make such order thereon as to him shall seem fit, or '""^'o" *° may remit the matter to the registrar or deputy registrar for further inquiry or report. Sec. 155. If no notice of motion to vary the report is filed W'l^" '"^P*""'' within two iveeka from filing the registrar's or deputy registrar's eonhrmed report, the report shall stand confirmed. Sec. 1 50. The registrar or deputy registrar is to enter in the Proceedings cause book from time to time the proceedings, taken before him,^" [,^"*"g1,gj and the directions he gives in relation to the prosecution of tlie in cause book. reference or otherwise. XXXIII.— (7o8^«. Sec. 15T. In general costs shall abide the event; but the To abide the judge or surrogate may in any case make such order as to the ''**^"' costs as to him shall seem fit. Sec. 158. The judge or surrogate may direct payment of a Lump sum. lump sum in lieu of taxed costs. Sec. 15JK If any plaintiff' (other than a seaman suing for liis Security for wages or for the loss of his clothes and effects in a collision), or''"* "" any defendant making a coiniterclaim is not resident in the Pro- vince of Ontario, the judge or surrogate may, on the application of the adverse party, order him to give bail for costs. Sec. 100. A party, claiming an excessive amount, either by Party claim- way of claim, or of set-off' or counterclaim, may be condemned in '"8 »» exces- II •' , 11 J.L 1 • 1 sive amount, all costs and damages thereby occasioned. Sec. 101. If a tender is rejected, but is aftei'wards accepted, 'Tender re- or is held by the iudge or surrogate to be sufficient, the party ■'^1:''^'^ '^",* rejecting the tender shall, unless the judge or surrogate shall accepted, otherwise order, be condemned in the costs incurred after tender made. Sec. 10?{. A party, who has not admitted any fact which in^"*y "°* ^^■ the opinion of the judge or surrogate he ought to have admitted,"" '"^ "*^ ' may be condemned in all costs occasioned by the non -admission. Sec. 1 03. Any party pleading at unnecessary length or taking Pleading at any unnecessary proceeding in an action may be condemned in all ie",^|*****^^ costs thereby occasioned. 80 15111 of coBta imist 1)1) lik'cl iippoititniL'iit uiul iiutiue. Practice in Supreme Court of Ontiirio. Miii'illiiic Ciiitrf of Oiilitrii). XXKIY.— Taxation of Costs. Soc. 104. A pnity ilosiring to liavo a Mil of ('dsts taxccl shall fill! the bill. and sliall prociiro an a|ip()ihtnu'nt fioin tlii; ivgiMtrar or (l('|inty ivgistnir and Hliall sorvi' tlio opposite party or parties witli notice of the tinii' at wliioli the taxation will take place. Sec. !<»«"». Tile prat'tice upon the taxation of costs .shall be regulated, siilijeet to the provisions of these rules, l»y the rules and piacticc in force in the Supreme Court of Judicature for Ontario. Kitlier party See. 100. At the time appointed, if either party is present prcHent. the taxation shall be proceede. If in a taxation between solicitor and client more than ove sixth of the bill is struck oft", the solicitor shall pay all the costs attending the taxation. Costs on re- duction of bill. Certificate Sec. HO. When a bill of costs has been taxed b\' the rcgis- aml order fortmi. (,v deputy registrar he shall certify at the foot of the bill the amount at which he has taxed it, ami the solicitor may then if necessary apply to the judge or surrogate foi" an order f(Ji' the payment thereof. payment of costs. Property un- der arrest may be ordered to be sold by auction or otherwise, notice to be given. Property de- teriorating. XXXV. — A2rpraifinncnt and Sale, lir. Sec. HI. The judge or surrogate may, eitlier before or after final judgment, older any property under the arrest of the court to be appraised, or to be sold with or without appraisement, and either by public auction or by private contract and may direct what notii;e or notices by advertisement or otherwise shall be given or may di.spense with the same. Sec. 11?-J. If the property is deteriorating in value, the judge or suri'ogate may order it to b(i soM h)rthwith. Property of Scc 1 1'Ji. If the property to be sold is of small value, the small value, judge oi" surrogate may, if he thinks tit, order it to be sold with- out a commission of sale being issued. Kemovalof Sec. 114. The judge or suriogate may, cither before or after property un- fl,jal judgment order any property under arrest of tlie couit to be removed, or any cargo under arrest on board ship to be discharged. Appraise - went, sale Sec. lis. The appraisement, .sale and removal of property, and the discharge of cargo, shall be etfected under the authority (ii'iirnil, liaU'H. ai of a commi!SHioii addressed to the iimrslial or to a deputy marshal, ft"'' romovnl, Forms of commissions of appraisement, sale, appraisement ,in,i''"wetlcotuil. sale, removal, and discharge of car^o, will he found in schedule A hereto, Nos. 3 1 to :io. Sec. IIU. Kvery commission foi' the appraisement or sale of (.'(.minisiou, property under tlie decree of tin; court shall, uidess tlie judge or''y ^»'""'> surrogate otherwise ordei, be executed by the marshal or deputy '"'*""''"'■ marshal, or his substitutes. Sec. IIT. riie commission shall, as soon as possible after its Commissiou - - • • - ■ - ' .... - bolilo.l th a ruturn. execution, be filed by the marshal or dejnity marshal with a *";''" ''''■'^ return setting forth the manner in which it has been executed, Sec. 118. At the rofiuest of the purchaser the marshal or Bills of sale, deputy marshal shall exeeute a bill (.f sale of any ship sold by |fy^^J^"^'^.^^^o- him ; such bill of sale to be prej)ared at the cost of the purchaser visions re" and tendered for execution to the marshal or deputy marshal ; a specting the copy of the decree or order for sale, authenticated by the seal ofsmne. the court shall be attached to such bill of sale. A form of bill of sale will be found in .schedule A hereto, No. 3G. Sec. 1 79. As soon as possible after the execution of a com- Paymont of mission of sale, the marshal or deputy marshal shall pay into l"'"';"'''''* '"*" court the gross proci'cds of the sale, and shall with the commis- sion file his accounts and vouchers in support thereof. Sec. 180. The registrar or deputy registrar shall tax the Marshal's or marshal's or deputy marshal's account, and shall reijort the '\^''V,''y '"'""' , i. 1 1 • I 1 -I •! 1 1 I 1 n 7 1 shal s account amount at which he considers it should lie allowed; and any t„ j,,. taxed. party who is interested in the proceeds may be heard before the registrar or deputy registrar on the taxation. Sec. 181. Application maybe made to the judge or surrogate liuviow of on motion to review th(> registrar's or deputy registrar's taxation >*'«^'' '"""t'o"- under the next preceiling section. Sec. IH'i. The judge or surrogate may, if he thinks fit, order inspection of any property under the arrest of the court to be inspected. A I'i"P'-'ity un- form of (U'der for inspection will be found in schedule A hereto,'*''"""'''* ' No. 37. Sec. 18JJ. No (u-der for advertising a notice of the action and '^f'^ei". for ail- intendcd sale in an action in rem, by default, shall be "lade ^j^J^^g "1^. unless upon the ap})lication for such order it is made to appear to in an action the satisfaction of tlie judge for surrogate as the case may be; — <« '"», «heu ■" necessary. (d.) That no owner or mortgagee of the property pi'oceedod Owner nou- against resides in Canada : or- resident. (h.) That the whereabouts of none of the owners or mortgagees Whereabouts in Canada can be ascertained after reasonable efforts in that°,°^^"'''^""' behalf ; or — ' known. (c.) That the institution of the action has come to the know- Knowledge of ledge of the owners or some of them, if in Canada, — or to the *'''i'"**;^*"M^" knowledge of the agent in Canada of the owners "or some of sa MiiiU'iiiw ('(HI if iif' Oiiliii'lii. i! ii ! ; iiri ;i II: Order for §aIo ill an action in mn when innde. KnowI«(1(je to n mortgagee or his agent. WhereabontB of mortgagee unknown. thoin, ami that tlio institution of tho action has como to tho knowli'djjfo of at loa.st ono of the niortgiigoes under each mortgage upon the property registureil in Ciinada, or to the knowledge of Ins agent, if any, in Oiuiudii. Sec. IH4. No order for the sale of tlio pi-operty proceeded against in an action hi rem, wlietlier hy (h^fautt or otherwise, shall be made, unless upon the application for such order it is made to appear to tho satisfaction of the judge or surrogate as the case may be ; — {(i.) That the institution of the action has como to tho know- ledge of at least one of tho moitgagees under each mortgage upon the property registered in Canada, or to tho knowledge of his agent, if any, in Canada ; or — (6.) That the whereabouts of none of the mortgagees in Canada can be ascertained after reasonable efforts in that behalf. XXXVI. — Discontinuance. DiBcontinu- Sec. 185. The plaintiti" may, at any time, discontinue his ance by filing action by filing a notice to that eti'oct, and the defendant shall hi*8uoh cMe? thereupon be entitled to have judgment entered for his costs of action on filing a notice to enter the same. The discontinuance Notice to pre- Qf ^^J^ action by the plaintiff shall not iirejudico any action con- judico other i- i . i ,1 "^ -ii *^ . 1 • • 1 i. i lU parties. solulated therewith or any counter-claim previously set up by the defendant. Forms of notice of discontinuance and of notice to enter judgment for < sts will be found in schedule A hereto, Nos. 38 and 3d. XXXYU.—Consevi. Consent in Sec. IHC Anj' consent ill writing signed by the parties may, writmgnn by permission of the registrar, or deputy registrar, be filed, and ■ shall thereupon become an order of court. XXXVUl.— Notice of Aj^peal. Fifteen days notice of in- tention to appeal. Rules of Su- preme Court of Canada to govern. Sec. 181. A party intending to appeal from a decision of the court to the Supreme Court of Canada must give notice of his intention to ap])eal to the opposite party within fifteen days from the time of the pronouncing of the decision appealed from, and otherwise the appeal shall be governed by the rules of the Supreme Court of Canada aforesaid. A form of notice of appeal will be found in schedule A hereto, No. 40. XXXIX. — Payment of Money into and out of Court Sec. 188. A person desiring to pay money into court shall pay the same into the Canadian Bank of Commerce at Toronto or at some branch or agency thereof or as mentioned in the next following section, and in no other way. Branch banks Sec. 1 8J>. Money required to be paid into court in any of th« "ffice*"''^ following places (so long as the Canadian Bank of Commerce shall have no branch office thereat), shall be paid into the branch or Canadian Bank of Com- merce. |ne to tho mortgage [>wIetlgo of Iproceedod itherwiso, iHor it is rrogate as jho know- I mortgage rlotlge of In Canada f. tinue his ant shall costs of itiniianno tion con- ip by the notice to eto, Nos. iies may, ileil, and :'ision of otice of n days 111 from, of the ai)peal 't shall 'oronto e next of the e shall ich or ngciicy ortici' nt' tlir liank sot opposite tlif laid phicos rospcctively : At Cornwall - - - Hunk of Montrt-id. Kingston - - liiink of Montreal. Owen Sound - - Merchants iJiink. Pieton - - - Bank of Montreal. Port Arthur - - Ontario Baid<. See, liMK The person paying money into court shall first Direction to (ilitiiin from the registrar or deputy registrar a direction to the the bank, hank to receive the nionev. n Sec. I1M. Tlie i)erson applying for the direction is to file a l>i'(i'rl/)r therefor iiml is to leave with the ofKcer issui?ig the direction the judgiii;Ut, order, writ or pleading, or copy thereof, under which tin^ money is payahlc. And in case the re than in Toronto he shall also lea> u the necessary postage tor the transmission of tho document to the legistrar and a further coi)y of the pleading for transmission. Sec. i9'i. When the direction is issued elsewhere than in Toronto the officer issuing the same shall forthwith transmit to the registrar by post the i)ni;cii)ii for such direction together with the papers left on the application therefor. Sec. Itm. A person paying money into court elsewhere than ill Toronto shall l)e entitled to credit therefor as of the date on which the same was ileposited in the bank, but the party entitled thereto shall not be entitled to receive bank interest thereon until the nK)ney shall have been received by the Canadian Bank of Commerce at Toronto. Person ivpply- iiiK for tlie (lii't'ctioii is to tile a i>i-aeciije tlmi'ulor. Direction is- sued else- wliere than iu Toronto. When credit hIuiU 1)0 given Hiid when in- terest Mlmll commence. Sec. 11M. The bank on receiving money to the credit of any Bank to give action or matter is to give a receipt therefor in duplicate, and one Y''^'"P* |" copy shall lie delivered to the party making the deposit, and the' "l'""" *'' other shall be posted or delivered the same day to the registrar. Sec. I *>."». When a lumk receipt for the amount .shall be When my - filed, the payment into couit shall be deemed to be complete. meat deomed ' ' -^ ' eomplete. Sec. ltM». Money shall be paid out of court upon the cheque Money how of the judge or surrogate, countersigned by the registrar and not !"*'»""* JO tn ' o J o court. otherwise. Sec. IJH. The person entitled to the money shall produce Production of to and leave with the registrar the order and a copy thereof °'''^'"' '*"'^ entitling such person to the money. Sec. 1 1>8. The registrar after satisfying him.self that no caveat Registrar against the payment of the money has been entered, or if entered *|*'^J'prder^f' that it has been set aside or withdrawn, shall countersign the no ca«(i? has order thus — " No caveat entered against payment of this money been entered. — registrar," and shall re-deliver the order to the person entitled thereto after making the necessary entries in his books respecting the same. Sec. 199. Bail for latent demands shall not, unless the Bail for latent judge or surrogate shall otherwise order, be required on the demands, payment of money out of court. II' ^'i :! ^4 Registrar shall keep books of iic- couiit. Inspection of books and certificate. Mdritimc. Court of Ontario. XL. — Account Books. To prevent the arrest of property, no- tice may be filed and crereo^ en- tered. Sec. 'idHy Tlio registrar sliall keep such liook.s of account and otherwise relating to money in court or invested under the authority of the court as the judge may from time to time think necessar}- to ensure safety and accuracy and ready reference. Sec. 'iOi. Tile hooks so kept slial! be open to inspection, and the registrar shall give a certificate of the state of any account or an extract therefrom at the desire of any party interested or Ills solicitor. XLI. — Caveats. Sec. *40?{. Any person desiring to prevent the arrest of any property maj' Hie a notice, undertaking within three days after being lequired to i)(i'iias. Sec. *itll. Any party desiring to compel the attendance of a Attendance witness shall serve him with a salipu'iKi, which shall be prepared "^ "''*'"-''*'"-'''• by the part}' and issued inuloi- the seal of the court. Forms of subpiL'iKis will be found in schedule A hei'eto, Nos. 4urpose. '^""'^ ' If there is no such money in court, or if it is insufficient, the Payment judge or surrogate may order that the party liable shall pay the^'^''""? .sum found due, or the i)alance thereof, as the case may be, within co„,.t or the such time as to the judge or surrogate shall seem fit. The party amount is to whom the sum is due may then obtain from the registry and ''"*"'*''^''^"'" serve upon the party liable an order for payment under seal of the court. A foi-m of order for payment will be found in schedule A hereto, No. 50. XLI V. — A ttachments. Sec. 211. If any person disobeys an order of the court, or Contempt of connnits a contem])t of court, the judge or turrogate may order""" him to be attached. A form of .sucli attachment will be found in schedule A hereto, No. 51. Sec, *i\H. The person attached shall without delay be brought Proceedings before the judge or surrogate, and if he persists in his t^bsobedienee ^*j^|^"||l^jf"" or contempt, the judge or surrogate may order him to be com- disobedience mitted. Form.s. of order for committal and of committal will be <"' contempt. found in schedule A hereto, Nos. 52 and 53. The order for committal shall be executed by the marshal or()rdei\for deputy marshal. committal. ; I 36 Maritime Court of Ontario, XLV. — A'niendiuff Decree or Order. Application S^ec. 'il9. All application to iuuond an order, which has not to amend, been diawn up in confoiiuity with tlie judgment pronounced, so &c., may be ^^ make the same conl'ormable thereto, and an application to mane in ■ ■ , . i • i • • v Chambers. Correct any clerical mistake m an order or an error arising irom an accidental slip or omission, may be made in chambers, and the judge or surrogate may grant the same if under all circumstances he sees tit. XL. VI. — Execution. Enforcement Sec. Ti/iO. Any decree or order of the court may be ciiforci-d of decree or jj^ ^j^g same manner as a decree or order of the Supreme C'lUit .i or order • Judicature for the Province of Ontario may be enforced. A form form ot writ of writ of execution (Fiere Facias) will be found in schedule A of execution, hereto, No. 54. XLVll. — hiatrnmcnts, d;c. Warrant, re- Sec. *i*il. Every warrant, release, execution, commission, lease, exccu- attachment, and other instrument to be executed by any otticer be prepared ^^> ^^ Commissioner acting under the authority of the court, shall in registry, be prepared in the registry and signed by the registrtir or deputy registrar, and .shall be issued under the seal of the court. Whendeemed Sec. 'ilt'i. Every document issued under the seal of the court to be issued, ^^j^^^jj y^gg^,, j^^^^^, ^^j^ ^^^^ j^^ ^^ sealing, and shall be deemed to be issued at the time of the sealing thereof. Time for ser- Sec. 'i'iti. Eveiy document requiring to be served ^shall be months* served within six months from the date thereof, otherwise the service shall not be valid. Instrument to Sec. 'A'iA. Every instrument to be executed by the marshal be executed or deputy marshal shall be left with the marshal or deputy mar- with niurshal ^^^''^^ ^y ^^^'^ party at whose instance it is i.ssued, with written or deputy. instructions for the execution thereof. liji $ XLVIII. — Notices from the Registry. Notice from Sec. ?J?J5. Any notice from the registry may be either left at, rejjistry may or Sent by posfc, by registered letter to, the address for service of poit^'^*^' '^ the party to whom notice is to be given, and the day next after the day on which the notice is so posted shall be considered as the day of service thereof, and the posting thereof as aforesaid shall be a sutlicient service. XLIX.— i^i^Mi^. Modeofhling Sec. *Z'H», Documents shall be riled by leaving the same in documents, the registry, with a minute stating the nature of the document, and the date of tiling it. A form of minute on tilin^ any docu- ment will be found in schedule A. hereto, No. 55. One minuti sufficient. Sec. *4*47. Any number of documents in the same action may be filed with one and the same minute. 'i ' 1 General Rules. 37 las not icod, so pion to from |iid the stances uorc;'(.I f'Ult , i'oini lule A 3? Sec. *^28. No document, except preliminary acts, bail bonds, indorsement documents issued from the registry, and minutes shall be filed ^h«»*re°***' without a certificate indorsed thereon, signed by the party filing quired, the same, that a copy thereof has been served upon the adverse party, if any. L. — Time. Sec. 329. If the time for doing any act or taking any pro- Expiry of ceeding in an action expires on a Stmday, or on any other (lay on **'"«"J^ ^""" which the registry is closed, and liy reason thereof, such act or'**^' '"' proceeding cannot be done or taken on that day, it may be done or taken on the next day on which the registry is open. Sec. *2!tO. Where, by these rules or by any order made under When time them, any act or proceeding is ordered or allowed to be done with- ^",^'^?'"if "'^^ in or after the expiiation of a time limited from or after any date commence, or event, such time, if not limited by hours, shall not include the day of such d.ate or of the happening of such event, but shall commence on the next following day. Sec. 5531. The judge or surrogate may on the application of Time may be either party, enlarge or abridge tiie time prescribedbythe.se I'ules ^"^1Jj|g j ""^ or forms or ])y any order made under them for doing any act or taking any proceeding, upon such terms as to him shall seem fit, and any such enlargement may be ordered although the applica- tion for the same is not made until after the expiration of the time prescribed LI. — Sittings of the Court. Sec. 2314. The jtidge or surrogate shall ap|ioint proper and Sittings and! convenient times foi- sittings in court and in chamljers, and ,nay *^ ^""'""'"^"*' adjourn the proceedings from time to time and from place to place as to him shall seem fit. LII. — Oflice Hours. Sec. 233. The offices of the court shall be open on every day ^'«» "<"'• in the year except on Sundays, New Year's day, Good Fi-iday, Easter Monday, Christmas day, and the days appointed for tlie celebration of the birthday of Her Majesty and Her Royal suc- cessors, and any day appointed by proclamation for a general fast or thank.sgiving. LIII.. — Registrar, Sec. 234. The registrar shall attend all sittings of the court held in Toronto and also before the judge in chambers and .shall make niinutos of every act of the court or decree and enter the same in a ])roppr book to l)e kept for the purpose, which is to form a record of the ';ouit, and shall ilo and perform all the other ilutios imposed upon him by these or any future rules, and by the ]iractice of the court. If from illness or any other sufficient cause he should be unable to perform his duty, he may with the consent of the judge, or the judge hiiusolf may, appoint some other com- petent person to act as registrai- on those occasions. He is pro- Racist rar shiul attend all sittings of the courts iu Toronto and ill chambers. Absence of registrar pro- vided for. 38 Mdritivit Guaii, of Ontario. Shall not act hibited from acting as either solicitor or advocate in any suit, M so icitor, j|(jj^j;t^;j. Qj. proceeding in the court. =!1 Deputy regis- trar sliall at- tend all sit- tings of the court in the f)lace where \c keeps liis office and in chambers. Absence of deputy regis- trar provided for. Shall not act as solicitor, &c. LIV. — Deputy lieyistrar. Sec. 235. The deputy registrar .shall attend all sittings pf the court held in the place where he keeps his office and also in chambers, before the surrogate residing nearest such place, and shall make minutes of every act of the court or decree and enter the same in a proper book to be kei)t for the purpose which is to form a record of the court; and shall dc and perform all the other duties imposed upon him by these or any future rules, and by the practice of the court. If from illness or any other sufficient cause he .should be unable to perform his duty, he may with the consent of the surrogate; or the surrogate himself may, appoint some other competent person to act as deputy registrar on those occasions. He is prohibited from acting as either solicitor or advocate in any suit, matter or proceeding in co\U't. LV. — Marfilial. Marshal shall Sec. 'I'M*. The marshal shall attend the judge in court on all atten judge, (,^„j.t, days. Ho is to exceutf' all such wi'its, warrants, decities, executewrits, •> , . , , , , i n i • i !• ai &c., and make 'H'^nitions and mstruments and ordeis as sliall lie issued from the due return court, and lie directed to him, and he is to make due return thereof. thereof and to do and perform all other duties imposed on him Ity these or any future miles, or by the practice of the court. Deputy inar- alial sliall at- tend sittings and execute warrants. Sliall make due return. LVI. — Dqmiij Mavfihal. Sec. *VAli. The deputy mar.shal shall attend all sittings of the court on court days held in the place where he keeps his office. He is to e.xecute all such warrants, decrees, monitions and i,.stru- ments and ordeis as shall lie issued fvoiii the comt and be directed to liiin, and he is to make ilue ret.i'.n thereof and to do and per- form all other tluties imposed on him by these or any future rules, or iy the practice of the court. Incaseofdis- Sec. *{!t8. Whenever, by reason of distance or other sufficient tance or other (>j^um>^]j(i manshal or e or surrooate shall fix and determine the amount of security to be given liy the marshal and each deputy marshal. Every marshal and deputy marshal shall, before he is sworn into office, and within one. month after his appointment; or in the case of the mar.shal or deputy marshals already ap- pointed within one month after notice to that etfect from the judge or surrogate, execute and enter into a joint and several covenant in duplicate with two or more sureties of such amounts respectively as .shall have been fixed by tlie judge or surrogate in that behalf as aforesaid for the due performance of the duties of his ottice, and the proper accounting for all moneys cjming in or passing through his hands. Such duplicate covenant shall be in General Ridea. 39 suit, js of |so in and ■enter ' is to lothei' cl by Juient the ■point Ithose l)r or the form No. 50 of schedule A hereto, or to the like effect; and Artidavit of to each of the duplicate covenants respectively shall be attached ^"^*''''""'*'°"" an artidavit made by each of the covenantors therein named respectively in the form provided by No. 57 of schedule A hereto, or to the like effect. The duplicate ooveimiita iiiul affidavits attacheil thereto shall he tiled and suhmitted for approval, and transmitted to the Minis- ter of Justice. Sec. ^40. Tlie said duplicate covenants, with the affinas, writs, and other in.strunieiits and orders of the court running in the name of Her Majesty the Queen, shall be given under tlio seal of the court, and signed by the regis,trar or deputy I'egistrar. LX. — Records of the Court. Sul'"Se of ^^''^ ^'^^^ "^^^^^^ •'*^^^^' ^^ '^^P*^ '" ^^^^' registry a book, to be keepint; the Called the "minute book." in which the registrar or deputy mbiiiie book, registrar shall enter in order of date, under the lu-ad of each action, and on a page numl)ered with the lunnber of the action, a record of the commencement of the action, of all appearances entered, all document issued or filed, all acts done, and all orders and decrees of the court, w'hethcr made by the judge or stu-rogate, or by the registrar or deputy registrar, or by consent of the parties in the action. Forms of minute of order of court, of minute on examination of witnesses, of minute of decree, and of minutes in an action for damage by collision, will be found in schedule A hereto, No.s. .58 to Gl. Other books Sec. /J50. There shall lie kept in the registry a "mmif '^^ l"*. "^^P' '" warrant book," a "caveat release book," and a " caveat ymynu^nt book," in which all such careats respectively and the withdrawal thereof shall be entered by the registrar or deputy registrar. registrj'. Inspection of books. Office copies may be ob- tained. Sec. ?J51. Any person may inspect the minute and caveat book.s, on payment of the proper fees. LXI. — Copies. Sec. 25/S. Any person entitled to inspect any document in an action shall, on payment of the proper charges for the .same, be entitled to an office copy thereof under seal of the court. J.Xl].— Forms. Forms of Su- Sec. 353. The forms hereto annexed shall be followed as P'"^'"^ ^•'"'* "^'ii'ly '"^^ the circumstances of the case will allow and in cases how far .an. "^^ providcd for tlic foruis in use in actions in the Supreme Province of Ontario, mutatis liow far ap plicable. Court of Judicature for the onutandis, may be followed. LXin.—T,ir}f of Fees. Fees in Sec. 5554. The foes to be ])aid to the practitioners, officers schedule B. and witnesses in cau.ses in the court shall be as s 't forth in the Tariff of Fees in schedule B hereto, General Rules. - o Sec. 855. The fees and dislnirseuients set forth in the ^il !;'»;«» subject .^ 11 Tariff of Fees inaj' be ehargerl in respect of the services/ jtforeui^°M .'"**' > ' enumerated subject to the following rules. *'^ >' " |^ jcounted Fo)io. y^entained iarrjeS^ f or - v^" ■ Sec. 356. When the fee is per folio, the folio shall at the rate of 100 words, and evciy numeral, whetheJ in columns or otherwise written, shall bo counted and as a word. Sec. '151. When the sum in dispute does not exceed SSTTOor Half fees in the value of the vex does not exceed S400, one-half only of the ^^'''■♦"""''''"'*'' fees set forth in the said Tariff of Fees shall lie charged and allowed; and if the judge or .surrogate .shall so order and direct the government fees in sneh cases may likewise bo reduced to one half. This section is subject to the provisions of (Chapter 7'» of the Revised Statutes of Canada, intituled "The Inland Waters Seamen's Act." Sec. ?55H. When costs are awarded to a plaintiff, the expres- ".Sums India- sion "sum in di.spute" shall mean the sum recovered by him in P"*^' addition to the sum, if any, counterclaimed from him bj' the defendant; and wheie "costs" are awarded to a defendant, it shall "Costs."' mean the sum claimed from him in addition to the sum, if any, recovered by him. Sec. ?J59. Two or more persons liaving claims against the When two or same property for wages or for necessaries may join against the more persona same property in one writ, and unless the sum or sums adjudged ^'gjj^^^ngt'the' to the claimant or claimants in a writ in an action of wages or of same property necessaries amount to the sum of one hundred dollars at least, no fo>* wages or costs shall be allowed to the claimant or claimants, as the case ",*J^'^ni^^,ti,'f' "■°<:>°"' fees. Sec. /50I. Bonds executed under an order for .security for Bonds for costs are to be given to the registrar or deputy registrar from ^^g""**' ^'" whose office the writ issued ; all the defendants are to be included in the same bond and the penal sum to be inserted therein is to be tixed upon the application for security, by the judge or surro- iiate who makes the order. I i LXIV. — Mificellaneous. Sec. 'iii'i. In all cases where a reference to the registrar or xi,e court deputy registrar may be directed the court may dispo.se of such may itself dis- mattcM-s itself if it thinks fit, and may direct the proceedings tol'"|;||-*^"^^|j'",'^'^|; be taken in full court or in chambers as it fii'ls expedient. for reference. Sec. 'Hl^. Where on a proceeding before an officer of the Where docu- court pleadings or other documents filed with another officer of mcnts Hied 42 Marili'Oie Court of Ontario. with another the court ai'c required, the officer with whom the pleading or qSred*cerd- othei' documetits are filed is upon production of a certificate ticate required signed by the officer requiring the pleadings or other documents, mode and ex- that the same are required For some proceedings before him, to traiwmission *'"fl'"'""it' 'he pleadings or other documents mentioned in the cer- tificate, but if they are to be sent by parcel post or by express, before they are sent the party requiring their transmission is to deposit a sufficient sum to cover the expense of transmission and of re-transmission to the office from which they are sent. Re-transmia- ggg *^Q4^ As soon as the purpose for which any such docu- ment" ^"'^" ments are required is completed tiie olhcer to whom they have been sent is to retransmit them to the office from which they were sent. "The solici- tor's and agent's book." The registrai' and each deputy registrar shall keep iinr.b- +« ho noliori "the soHcltor's and agent's book,' Sec. acs. in his office a book to be called in which each solicitor, residing elsewhere than in the place where such registrar's or deputy registrar's office may be, is to specify the name of an agent being a person entitled to act as a solicitor or attornej'-at-Iaw in Ontario, and having an office in such place, upon whom pleadings, writs, notices, orders, appointments, war- rants and other documents and communications connected with any cause or matter in the office of such registrar or deputy reg- istrar, as the case may be, may be served. LXV, — Jtepealiny Clause. May 1. 1889. Sec. 3««. From and after the first day of May, 1889, except in regard to actions commenced before that day, the rules and regulations, together with all forms thereto annexed, and all tables of fees now in force in this court shall bo repealed. LXVI. — Commencement of Rales. Sec. SCI. These rules together with the following forms and tables of fees shall come into operation on the first day of May, 1889, and shall apply to all actions commenced on or after that day. Actions commenced before that day may, by consent of the parties, and with the permission of the judge or surrogate, be continued under these rules on .such terms as to the judge or sur- rogate shall seem fit. [Made and signed by Joseph E. McDougall, the judge of the said court, January 31st, 1889.] Rules, etc., in operation. Actions pending. : General Rales. 43 ing or kificate jments, liiin, to |ie cer- ipress, pion is liission Jnt. docu- liave [h they 1 keep book, where specify )licitor place, s, war- with by reg- SCHEDULK A. FORMS. No. 1. Title op Action in Rem. Section 4. No. [//ere iiisert t/ie number oj the action.'\ A.B., riaintirt; against {a.) The Ship m-{b.) The Ship o>-(c.)TheSiiip or (if the action is against the cargo only), (il.) The cargo ex tlie Siii|j [stcite the name of ship on board ofivhich the cargo now la ur Intel ij mis luden.\ or {if the actton is against the proceeds realized by the sale of the Ship or cargo), (e.) Tiie proceeds of tlie 6'liip or {/.) Tlie proceeds of the cargo ex the Ship [o?' as the case may ie,] Action for [state nature of action, whether for damage by collision, loayes, bottomry, d'c, as the case may be.] and freight. her cargo and freiglit. No. 2. Title ok Action in Personam. No. [Ifere insert the number of the action.] AJl, Phiintiti; i^ection 4. against The owners of the Ship may be.] Action for [state nature of action as in preceding form.] [or as (he case No. 3. Writ op Summons in Rem. In the Maritime Court of Ontario. (L.S.) [Here insert title of action.] Victoria, by the Grace of God, of tlie United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To the owners and all others interested in the Ship. [her cargo and freight, ttc, or as the case may be.] We command you that, within one week after the service of this writ, exclusive of the day of such service, you do cause an appearance to be '%. it If 44 Maritime Court of Ontario. M nil I' Section 6, Section 5. enterwl for you in Onr Maritime Court of Ontaiio iii tlie Kliovo-imiued notion ; and take notice tiiat in (letiiitlt of your so doing tiie said action may proceed, ami Judfiincuit may be given in your alwnce. Given al in Our said (,'ouit, under tiie seal thereof, this day of , 18 . Mpmorandnm to he suf/Mcribed on the Writ. This writ may l>e served within nix nHnithx frr)ni tlie date thereof, exclusive of the day of such (hite, lint not aftci wiirds. The Defendinif («;• ih'fcndants) mny iiiipear hereto Uy entering an a|i|peiiiiinee {nr appeal inices) either |iei'.s()iiu!iy or liy sojii'ltor :il regi.strv of the said court situate at tlie No. \. WiMT OF Simmons w PiatsoNAM. Jn the Maritime Court of Ontario. (L.S.) [Here hiitert title of action.^ Vk!T0RI.\, hy the grace of God, ite. ToC.A, of . and /;./•'., of We command you that, within one vek after the .service of tiiis writ, exclusive of the day of such service, you do cause an appearance to be entered for you in onr Maritime Court of Ontaiio, in the above-named action; and take notice that in default of your so doing the said action may proceed, and judgment nmy lie given in your absence. Given at in Our said Court, under the seal thereof, this day of , 18 . Memorandum to he imbscribed on, the Writ. This writ may lie .served within >flx months from the date thereof, exclusive of the day of such date, but not afterwards. The Defendant (or Defendants) may appear hereto by entering an an appearance (or appearances) either personally or by solicitoi' at the registry of the said court situate at No. T). Indorsf.mknts to be madk on thk Writ befokk Tssui; tiikiieof. (].) The Plrti I itift' claims [Insert desrri/)fi(ni ofrhtim a.x itate Plaintiff' n /dace of nmdence, with name of .street and number of house, if any.] or, This writ was issued by CD., of [stale place of hitsines.n] solicitor for the Plaintiff. (3.) All documents required to be served upon the said PlaintiHin the action may be left for liim at [in.sert address for serrice n-ithin three mites of the rei/islri/.] or, Where the action is in the name of the Crown. (1.) A.B., etc., claims [insert de.icription of claim as (/iren in Form Xo. 6.] (2.) This writ was issued hyA. U. [state name ami address ofjterson. prose- entinr/ in the name of the Crown, or hii solicitor, or as the ca.ie may he. | (3.) All documents required to be servt.'d upon the Crown in this action may be left at [insert address for .lervice within three m,iles ot the registry]. Gcijend Rabm — Pomin. 4S ro-imiued 1(1 action liuiler till- . 18 . tlicroof, |*'i'iiil t he siiij) •'.laiit! " foe (laiiiagt> occasiiint'il liy ii collision wiiicli took |ilacc |.•<^/^■ irhft'A on tlid (lay of ; ainl for costs, (2.) Sal riKjc : The PlaiutiH.s, as the owners, master, and cunv of the Ship " Mary," claim tho sum of % for sahage servic(\s rendered by them to the Shij) " June " [her carj^o and fi'cight, etc., ur an (he otsh nut// be] on the day of If* , in or near [sluti' irhfi-r thi; Mfrriri'n nierc oiidi'ri'il] ; and for costs. (3.) I'ilotinjc : The i'laintili' claims the snm of i!> for pilotage of the Ship ".Jane" on the day of 18 , from [xtfid; mere pilutaye commenced] to [state where pilotage ended] and for costs. (4.) Toivaye : The PlaintiH's, as owners of the Ship •' Mary," claim the sum tt' .* for towage services rendered hy the .said Ship to the Sliip "Jane " [her cargo and fi'eigiit, etc., nr an the cane mai/ he], on the day of 18 , at or near [state a-iirre, the nfrcicex a'ere rendered] ; and for costs. (.").) Manler'n innji'x aiid dixImrsiiiioUn : The PlaintitV claims tin- sum of .'r^ for his wages and disburse- ■ ments as Master of the Ship " Mary " and to have an account taken thereof ; and for costs. (ti.) Seamoix Wayes. The Plaintitls, as seamen on board the Ship " Mary,' claim the sum of S , for wages due to them, as follows ; and for costs : to A.li., the mate, !? for two month's wages from the day of to CD., alile .seamen, ."< etc., etc. ; [and the IMaintitls claim to have an account taken thereof. ] (7.) NeceHsarhg, re/iairs, etc. : The plaintirt's claim the sum of .':^ , for necessaries supplied {or repairs done, etc., ((,s f/ic cane maij lie) to the Ship " Mary " at the port of on the day of ; and for costs [and the the Plaiu*^^iffs claim to have an account taken tlirereof]. (8.) VoHsesnion : (a) The Plaintifl', as sole owner of the Ship " Mary," of the port of , claims possession of the said Ship. (b) The I'laintitl, as owner of the 4S-tJ4th shares of the Ship " Mary " of the port of , claims possession of the said Ship as agaiiLst CD.. owner of the 1G-G4th shares of the same Ship. (9.) Mortyaye : T'he Plaintirt", under a mortgage dated the day of against the proceeds of the Ship " Mary '' the sum of § amount due to him for principal and interest, and for costs. (10.) Claims beticeen Co-Oimiern : (a) The Plaintifl', as part owner of the Ship " Mary, CD., part owner of the same Ship, the sum of $ as part of tlie earnings of the said Ship due to the Plaiutifl", and for costs ; and to have an account taken thereof. , claims , as the claims against w l li Section 5. Section 18. Section 25. Section 25. l\farit'nne Court ofOtitano. (h.) Tiie Plaihtiti; as owin-i' of 24-G4tl) sIiihth of the Ship " Mary," being diHsatiMficd with tlio iniumgcmpiit of tho said Sliip by his co-ownerH, ciftiniH tliitt iiin coowncrs Hhiili givo bail in the Kuni of $ , the value of hiH Haiil HimreH, for tiiu Nafe return of tiie Hhip to this Province. (II) liottomrii '. The riaintitf, as assignoo of a i)Ottoniry bond, (hitcd the day of , and granted by CD., as niUHter of the Hliip " Mary" of , to A.Ji. at the port of , claims the sum of ^ against the Ship " Mary" [her cargo and freight, iVc, w an the case mai/ be] as the amount due to him under the said bond, and for costs. No. 7. ArFiDAviT OF Service of Writ of Summons. In the Maritime Court of Ontario. [Title of action.] County of I, A.Ji., of the [city, town, tte.] of [iitnne o/ place] [calling or occnpa lion] make oath and say : 1. That I did on the day of 18 , serve the writ of summons herein by [/lere stale particiilnrli/ the mode in which service (ml rrhether on the owner or on the ship, cargo, or freight, vas effected and (fee, as the case may be]. 2. That I necessarily travelled Sworn before me, ifec. )^ A Commissioner, Sec. miles to eflect said service. (Signed) A.B. No. 8. Appearance. (1.) By Defendant in person.. In tho Maritime Court of Ontario. [IHtle of action.] Take notice that I appear in this action. Dated this day of 18 (Signed) CD., Defendant. My address is My address for service is Appearance. (2) By Solicitor for Defendant. In the Maritime Court of Ontario. [TitL of Actio7i.] Take notice that I appear fcr C D. of [insert address of C Z).] in this action. Dated this day of 18 (Signed) X. 1'., Solicitor for C. D. My place of business is My address for service is Oencral llule>* — Forias. 4,1 I' Mary," '»y liis occnpa No. ». Indorskment ok Hin'ori'' on Coi'NTKRcr.AiM. Section M, 'I'litf Dofpiitliiiit [(/)•, i/V/i' hf otii: of H-.m-dl Dr/'nitlihits, tlio Dt'fHiidant C. /^.] owner of tlio Mliip " Mfirv" ["/•, "i tin: nini- iniii/ /oj] I'liiiiiis from tlip Plaiiititf [or cliiims to sot-olf agiiiimt. tlio Plaiiititr's cliiini] tlie huiii of for [nldli: thii natitt'i' o/ llw, m'f-oj/' or amtilfirlalni and the relief or reiwdy reijuired an in Furin .Vu. G, mutatis inulandin] and for uuuto. No. 10. Affidavit to i,kad Wauhant, — Gkneral. Section .14. In tho Maritime Court of Ontario. [Title of Actiun.] J, A. IS., [state lunite and aildrnKn^ mako oatli and way tiiat I liiive a claim against tlio Hliip " Mary" for [iitale nature, of daiin.'\ And I further inaifo oath and .say tiiat tho said chiim ha.s not tiecn HutisHed, and tliat tlie aid of tiiis Court is re([uired to enforce it. On tile day of 18 | the .said A.U. was duly sworn to the truth /■ of thiu altidavit at j Before me, E.R, Signatures of sureties. No. 16. Section 49. Affidavit of Justification. In the Maritime Court of Oiitario. [Title of Action.] 1, [state name, address, and description of surety,] one of the juoposed sureties for [state name, address, and description of person for whom bail is to be yiven\ make oath and say that I am worth more than the sum of [state in letters the sum in which bail is to be given] after the payment of all my debts. On the day ^ 18 , the said was duly sworn this atfidavit at Before me, E. F., Registrar, (or De))uty Registrar, or Commissioner, as the case may be. j to the truth of Signature of surety. No. 17. Release. In the Maritime Court of Ontario. (L.S.) [Title of Action.] Victoria, kc. To the marshal and each deputy marshal of the Maritime Court of Ontario, and to all and singular tlie substitutes thereof, — Greeting. 7 Section C6. 50 Maritime Court of Ontario.. Whereas by our warrant issued in the above-named action on the day of 18 , we did command you to arrest [state imme and nature of property arrested^ and to keep the same under safe arrest until you should receive further orders from us. We do hereby command you to release the said [state name and nature of property to be released] from the said arrest upon payment being made to you of all fees due to, and charges incumed by you in respect of the arrest and custody thereof. Given at , in our said court, luidor the seal thereof, this day of 18 . Release : Taken out by (Signed) E.F. Registrar, (or Deputy Registrar.) f Section 69. No. 18. Interrogatories. In the Maritime Court of Ontario. [Title of Action.] Interrogatories on behalf of the Plaintiff A.B. [or Defendant CD.] for the examination of the Defendants CD. and E.F. [or Plaintiff A.B., or as the case may he]. 1. Did not, «kc. 2. Have not, Ac. The Defendant CD. is required to answer the interrogatories num- bered The Defendant E.F. is required to answer the interrogatories num- bered Dated the day of 18 , (Signed) A.B. [or CD., aa the case may he]. ijection 69. No. 19. Answers to Interrogatories, In the Maritime Court of Ontario. [Title of Action.] The answers of the Defendant CD. [or Plaintiff il.J5,, «^ o ? £ £ a 1 Ld V -, U M-i ^ - V t ::-3 2.s.5=3j " 1 >5 1 P II :g ^ l;S:S ^ 1 £: = ""'s~' ^ '3 :i^ .2 .•s <« "2 o .a 01 ^ o o h -afa O >■ ; .1 ; >■ ■S : x ' a' : M _o ^ (4 x : ■ tn o s U . ' a p ^ >i H 7 so cooKfa - "^1 a P 6 'So 1 \ t > 1 ~ ' £ /. T 1 C ^ t 1 z t..2 i2 P(^ J^ ! -31 b ! ^S i >5 o u u D 0) 1 1 ^1 ^ tn 01 u OJ £ •* a, a a a !=• a t- 6. U-. a N 3 s a.S-S ""•111 UH C O ■» -s §5 11 a a CO fe t, « C ^ M (« or" o o H * ■« J= fa's "S e : >> 3 g'S-e a . A .2++ *" u >> (3 a ^ o ? ii 2 S r ^ .S I u .s :?■ i t^ Section 182. Seution 185. •Section 185. Section 187. Maritime Court of Ontario. No. .17. Ohdk.h for Inspection. Ill the Mnritiine Court of Oiiturio. \^litle of Action.'] On the day of 18 . Before Judge [or A.JJ. iSurrognte Judge]. The judge [or surrogate judge] on the application of [ataf>' whether Plaintiff" or De/'endniit] ddered tliivt tlie shij) siiould i)e inspeoted l)y [state whether by the marshal or by the assi'ssom of the court, or, as the case may be,] ami that a report in writing of the inspection should be lodged by him [or them] in the registry. (Signed) E.F., Begistrar. (or Deputy Registrar.) No. 38. Notice of Discontinuance. In the Maritime Oourt of Ontario. [Title of Action.] Take notice that tliis action is discontinued. Dated the day of * 18 . (Signed) A./i., Plaintiff. Section 202. No. 39. NoTicK ro Enteh Judgment for (,'osts. In the Maritime (.Jourt of Ontario. [Titlf of Action.] Take notice tliat I apply to have judgment entered for my costs day of 18 . (Signed) CD., Defendant. this action, Dated the No. 40. Notice op Appeal. In the Maritime Court of Ontario. [Title o/Actioti.] Take notice that I, A./i,, Plaintift' [or Defendant] appeal from the decree [or order] of the judge [or A.B., surrogate judge] of the said court made the day of 18 , to the S\ii)remc Court of Canada. Dated the day of 18 . (Signed) A.B., Plaintiff. or Defendant. No. 41. Notice for Caveat Warrant. In the Maritime Court of Ontario. Take notice that I, A.B. of appl.V f<'i " caveat against the issue of any warrant for the arrest of [ntiili' natnH mid unture of property], and twhet/ier iNpecteii \, as (he luld be jistrar.) Gfvcfid Hales — Ji'ormM .^ft I undertake within f/irei' daijH iif'ter lieinj} r»^(mire against tiie issue of any warrant for the ai'rest of [utate nnmn and tiuture of property], without notice being first given to [state name and address of person to v)hom, and address at which notice ia to he yiven], wlio has undertaken to give bail to any action or counterclaim that may have been or may be brought in tin- said ecu. against the said [^slate name ami nature of jrroperty]. On wuiidrawal of caveat add — Caveat withdrawn tiie day of 18 . \f any money M MarifiytiP Court of Onfrtt'lo. m [if for c(i»t», add tor cohIn, or iin the case inoi) bi'\ out of tlus proocods of tlin sale of- [Mtnte ir/ict/ifir nhip or cargo, and iiame of uhl/i, «{r.], now remiiininx id /yiiii/ fill' fill' i'l'i'ciit in no/ It party to flu' itolioji, In; taunt iilm stiilii Ilia adilri'SM, and an addrenn for sercice within three milca of the ri'i/intrij.'^ Dated the day of 18 . (Signed) A.B. No. 46. 18 Section 204. Caveat 1'ayment. in the Maritiino Court of Ontario. [Title of Action,] Caveat "huered this day of *« , agaiuHt ihe payment of any money [if for conts, add for costH, or an tho cane, may be\ out of tiio proceeds of tlie salo of [stale, whether nhip or airyo; avd if ship, slate name of ship, tl-c ] now remaining in court, without notice licing first given to [state iiame and address of person to whom, and address at which notice is to be yii;en\ On tvithdrnwal of the careat, add — Caveat witlidraw. -Jiis day of , 18 . Section 210. Section 213. No. 47. Notice for Witiidhawal of Caveat. In the Maritime Court of Ontario. [7'it!e of Action.] Take notice that 1 withdraw tiie caveat [state whether caveat vmirant, release or payment] entered by me in tiiis action [or as the case may 6c]. Dated tlie day of , 18 . (Signed) Ali. that, all other No. 48. SUBPCENA. In the Maritime Court of Ontario. (L.S.) [Title of Actimi,'] Victoria, •^ J» 5^ 5? =^' f 5" ^ W^ *» S. C5 4 ^ T £ ^ •s C >v ^ V * as Ss A as >? -s %i »-5 -4 el? « ^ § g = JO .5 [Title 11^' Actio7i.'\ Victoria, hy tlie (>race of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To the marslial and eacli deputy marshal of the Maritime Court of Ontario, — Greeting ; Wherea.s on thfi day 0* , 18 , obtained a deoree \or order] of this court against for tlie sum of and costs, and it was thereupon ordered by tlie court that should pay the same to [on the day of or forthwith, as the case may be]. And whereas default has been in payment according to the said decree [or order]. We therefore hereby command you, that you cause to be made of the goods and chattels of the said wheresoever they may b.» found within the Province of Ontaiio, the sum of being the amount due to under the said decree [or order] including the costs of this writ and incidental thereto, or such part or so much thereof as may be sufficient to satisfy this writ and the costs of executing the .same, together with interest at the rate of six per centum per annum on the said sum from the day of and to pay what you have so made to the [here f/i'signate the propei' pernon entitled thereto, as the case mai/ be] and make return of what you have done under this writ, immediately upon the execution thereof, and have there then this writ. Given under the seal of our said Court at this day of 18 By the Court, (feigned) A B.. Registrar {or Deputy Registrar.) (a) If writ be for non-payment of eosts, or moneys ordered to be paid under a special order, as tfe« case utAy be, the above form may be varied accordingly. (6) If writ be against lands, the words 'goods and chattels" may be omitted and the words "lands and ten««»ents " inserted. .(■li- ft I No. 5.5. Minute of Filing any Document In the Maritime Court of Ontario. [Title of Action.] I. .-1. H.. [xtatf ivhefher Plaiittift' or Dejendmit], tile the followng documents, viz. : [Here describe the documents Jiled.] Dated tiie day of 18 (Signed) A. B. Section 226. Oi Maritivif Court of Ontario. No. 56. Section 239. FoBM OF SECURITY, BY Marshal or Deputy Marshal. Know all men by these presents that we, A.B., marshal [or deputy marshal] of the Maritime Court of Ontario ; C. D., of in the county of , and E. F., of in the county of , tio hereby jointly and sevei-ally for ourselves and each of our heirs, executors and administrators, covenant and promise that the said A. li., fis marshal [or deputy marshal] of the Maritime Court of Ontario shall well and truly pay over to the coni't all such moneys, as he shall receive by virtue of his said otlice of marshal \or deputy marshal]. And that he shall not willfully misconduct himself in his said office to the damage of any person being a party in any proceeding in the said court. Nevertheless it is hereby declared that no greater sum shall be recovered under this covenant against the said parties hereto than as follows, that is to say : — Against the said A. B. in the whole dollars. Against the said C. D., in the whole dollars. Against the said E. F.. in the whole. dollars. In witnesss whereof we have to these ])resents set our hands and seals this day of , U . Signed, sealed and delivered, ) in tlie presence of j No. 57. Section 239. AFFIDAVIT OP JUSTIFICATION. In the Maritime Coui-t of Ontario. County of I, A. B., the princi))al covenantor in the annexed covenant named (or one of the sureties in the annexed covenant named) do make oath and say as follows : — 1. That I am seized and possessed to my own use of real estate in Ontario to the actual value of dollars over and above all charges upon or encumbrances affecting the same. 2. The •Miid real estate consists of (describe property.) .3. I am worth dollars (the amount of wliich the become liable by the covenant) over and above my just debts. 4. My post office address is as follows : — (Signed) Sworn before me at in the county of the day of jiarties A. B. 18 1 A Commissioner, »fec. No. 58. Section 249. >riNUTi; op OiiiiER OF Court. In the Maritime Court of Ontario. [Title .;/ Action.] On the day of 18 . Before Judge [ar A.B. Surrogate Judge.] The judge [or A.B. surro<,'ate judge], n the application of [state whether Plaintiff or Defendant^ ordered atate purport of order \. General Rules. — Forais. 65 lleputy No. 59. Minute on Examination op Witnesses. Section 249. In tlie Maritime Court of Ontario. [Title of Action.] On the day of 18 . Before Judge [or Surrogate Judge]. A.B. [i^tafe }rhcth> Plaintiff or Di-fi'ndant\ yiroduced as witnesses. [Hn-e state names of ivitnesses in full.] who, liaving been sworn [or as the case may ie], were examined orally [if by interpretation, add by interpretation of .] No. 60. Mtvute of Decree In the Maritime Court of Ontario. [Title of Action.'] day of Section 249. On the 18 Before Judge [or Surrogate Judge.] (1) Decree for an nscertainfd sum : The judge [or A.B., surrogate judge] having hoard [state ivhether Plaintiff and Defendant, or (heir counsel or solicitors, or as the case may be], and having been a.ssisted l)y [state names and descriptions of assessors, if any] jironouncpd tlie sum of [state sum in letters and figures] to be due to the PI iititf[o;' Defendant], in respet of liia claim [or counterchiim], together \\ costs [If the decree is for coats.] And he condemned — (a.) in an Action in rem where Bail has not been yiren ; the siiip [or cargo ex the ship , or jiroceeds of the ship , or of the cargo ex tiie ship or as the case may he] in the said sum [and in costs]. (b.) in ail Action, in personam, or in rem where Bail has been yiven; the Defendant [or PLiintifT sud his liail [if bail has been yiren] in tlie said sum hind in costs]. (2.) Decree for a sin,i mtt f^r. -taini'd : The judge [or surro-i.itc judg* , bavins heard, itc. [«,■< abore] pro- nounced in favoui- if I lie I'hiintili'.s r.aim [or Defendant's cnunterclaim] and condemned tli- ship •;• cargo, tbc.) or tiie Defendant [or Plaintiff] and ins bail \i/' bad hax tim. yiren] in tli<> amount to be found due to the Plaintiif [or Defendant] [anrl in costs]. And he ordered tuiU an account should be taken, and (a. I I,- thi( amount is ti> be a.fnes.iitf hi/ tin' jndye [or snn'ogivfe judye], tlwit all accounts and voucliers, with the proofs in support thereof, should be filed within t/tty.'- [ur as t/ie cnm- may fee.] (1».) iftheJHidffe or siirroynte jndye refers the assessment to the registrar nr depnty registrar, referred the same to the registrar {or deputy regwtrar) [assisted by merchants], to report the amoinit due, and ordered that all accounts, ikc. iw [above]. ill 66 Maritime Court of Ontario. Section 249. ^3.) Dem'ee on dinndssnl of action: The judge [or surrogate judgej having heard, roceeding8 have been taken by solicitor out of court to expedite proceedings, save costs, or compromise suits, an allowance is to be made therefor in the discre- tion of the judge or surrogate. 93. Drawing judge's or surrogate's appointment, and attendance for his sig- nature and to serve I 00 (When served on more than one party the extra copies and services shall be allowed. ) 94. Drawing bill of costs as between party and party for taxation, includ- ing engrossing and copy for taxing officer, per folio 30 95. Copy, per folio, to serve 10' 96. The registrar or deputy registrar in taxing costs between solicitor and client or between party and party may allow for services rendered, not provided for by tiiis tariff, a reasonable compensation as far as practicabl* analogous to its provisions, not in any case to exceed the fees allowed for similar services by the tariff of tlie Supreme Court of Judicature for Ontario, if therein provided for. IV. — Court Fees. 97. Fee on certified copy of pleading for judge or surrogate 1 00 98. Fee on every order or judgment to the party obtainmg the same 1 OO fiO 50 •2 00 2 00 20 2 00 2 00 5 00 2 00 5 00 V. — DiSBUKSEMENTS. 1. Fees to he taken hi/ the Registrar or Deputy Registrar. 99. Every writ of summons 50 100. Entering appearance and tiling memorandum thereof 20 101. Filing statement of claim 20 102. Filing statement of ,i.v»u'iit to ri-^'is- trar 125. Snlipci'iia, iiiiludiiig prii'cipu I2U. b'iiti to I'L'^iiitrar uiiteriii^; iiiHtitiitiou af nation in liouk wliuthvr at hond otHco or deputy ri'jjiatiar'H 127. Fee to deputy rogiHtrnr sundiiig notice 128. Order in cliainburH, including entering 129. Kntering deciccH and other orders per folio 130. Copy of papers nijuircd to l)e given out, per folio 131. Searflies witliin one year, each I.T2. SearcLeH extending over one year and witliin two years 133. .St^arclie-s extending over two y*^ii''H or a general search 134. Every atlitlavit, oath or allirniaticin taken , 135. Marking each exhiliit 13(i. Every appointment 137. Each atteui lame on reference or other siiccial matter per hour, or en- largement thereof 13S. Attending the opening of a con ^sion 1.39. Every conuniHsiou for cxaminati of witnesses or parties 140. Each verdict taken, non Buit, riLDrd withdrawn, or rule or order of reference at trial 141. Attending on inspection of documents produced with aflidavit on pro- duction, per hour 142. Taxing costs, per hour 2. Fee» to be taken hy thi Ite.gislnir onlij. (1 25 «) St) t>0 25 50 o 10 1) 10 10 20 .".'1 •JO 20 .■)0 1 (iue for payment of money out of court, if sum paid out does not exceed .S.')00.00 50 144. For every additional §300.(KJ 50 3. Fei» to be taken by a Special Examiner or Her/istrar or De/mti/ Rvgia- trar actunj an Examiner. 145. Every appointment 50 146. Every oath 2(t 147. Marking exhibit 20 148. Attendance per hour 1 50 149. Fair copy for sohcitor, per folio (when required) 10 150. Every certificate 50 151. Making up and forwarding answers, depositions, etc 40 152. Every attendance out of odice within two miles 2 00 153. Every such attendance, (i\ ir 2 miles, every extra mile 20 154. Every such attcudiince, when either solicitor or witness docs not attend, and examiuer not previously notified 1 00 4. Fees to be taken by Official Reporter. 155. For every day's attendance in court 5 00 156. For first copy of evidence if re(|uired hy party, or by judge or surro- gate, jier folio 010 157. Eor each additional copy, per folio 05 5. Fees to be taken by the Marshal or Deputy Marshal. 158. Receiving, tiling, entering and indorsing every paper 159. Attendance to swi-ar all necessary affidavits . . 160. On the execution of every warrant 161. Service of writ of summons in perxounm, each defendant 162. Serving subpa'nas, rules, notices or other papers, (besides mileage) .... 163. Actual and necessary mileage from the court house to the place where service of any process, paper or proceeding is made, ]ier mile 164. On the execution of attachment for every per-- -a attai lied 165. On the execution of every decree or couimissioit of nn livery, appraise- ment or sale 166. On the execution of every other instrument for which a fee is not specially provided 167. On attending, appointing and swearing appraisers, each 168. On delivering up ship, vessel, goods or property ti) the purchaser agreeably to the inventory 169. Fee on bill of sale of ship 25 50 2 00 1 CO 50 13 2 00 2 00 1 00 1 00 2 00 1 00 Generiil Riibn, — Feen. 78 170. On attuiiding tlie mi livery nf tli>; iurg<\ „>■ sale of iiliip, or vesaei, or gO(i(l8, ^u^r (luy 2 00 'l)n retaining poMiieHsioii ol a Hlii|i m- vcoHel, or of ihip or vessel illld ^ gooiln, per (lay SO 171.^ KxiluHive of Hiieli ruasonalilc diHlHirsementH actually iucurreil in the cuHtody thereof as the n'gi«tiar or ilcpiity registrar may allow, not exceeding |)er day r)f 24 lioiirH -J 00 (If the niaiHlial or dep\ity niarHlial or jiny of his sulistituteK is required to go a greater diMtauce than live miles from his olliee to perform any of tlie ahove duties, he will he entitled to his reaaonahle ex- penses for travelling, hoanl and niaintenaneu, as the registrar or deputy registriir may allow.) I7'i. I'oundage on the proceeds of any vessel, goods or property sold under the decree or oi'der ol the court if under iglVjoO.OO 1 00 173. If over i«c.'.'iO.()0 and not exceedinj,' S'lOO.OO 2 00 174. For every additional S.")00,()0 50 175. (falling each cause at the hearing in court I 00 176. Calling each witness 10 •>. /'Ws to Ixi taken Iti/ Appraisers. 177. fcjieh, per appraisement 2 80 (To he increased to a sum not exceeiling .^5.00 in the discretion of the registrar or dc|iuty registrar.) 7. Fees to he taken l>_i/ Assessors. Section \W. 178. Kttch, jiurday (to he distrihuted ratably among the causes if more than one tried in a day . . Ij 00 S. Allowance to Witnesses. 17!). To witness residing not more than three miles from the place to which summoned, per ilay I 00 180. To witness residing over tlirce miles from such place 1 25 ISl, Barristers and attorneys and solicitors, physicians and surgeons, when called upon to give evidence in conseiiuence of any professional ser- vice rendered by them or to give opinions, per day 4 00 132. Kngineers and surveyors, when called upon to give evidence of any professiiiiial servici leiidcred Ity them, r,r to give evidence depending upon their skill or judgment, per day 4 GO 183. If the witnesses attend in one cause only, they will be entitled to the full allowance, 184. If they attend in more than one cause they will be entitled to a pro- portionate part in each oausi only. 185. The travelling expenses of witnesses over ten miles, shall be allowed according to the sums reasonably and actually paid, but in no case shall exceed twenty cents per mile one way. I). (Jorernment Fee Fund. IS6. On every writ by which action is commenced "2 00 187. On every .i|ii)eaiaiice and pleading tiled 1 00 188. On every icplicatioii tiled I 00 IHil On every order, decree, ottice copy and othcrdocument sealed with the seal of" the court 50 190. On the hearing of every case 2 00 191. On the liearing of every appeal from the registrar or deputy registrar. 2 00 When judge or surrogate on tin.vl disposition of action, orders only half costs under section 257, then one-half of fees to l)e allowed under this head. Ce in N APPENDIX [ADDITIONAL FORMS.] PLEADINGS. Adapted /Vuiti Forum lyjui-rnd to iu ibV'c, li^ uj' tlin Jiules, rlz : f/ionn nf tlie i)Ut)ri:iiie Court of •/ iKliciUnre, and f/o; Vka- Admiral ti/ Courts. Certain of tin; Forms an; yiren almost in their entirety, us theif appear in the Appendix to the V. A. Rides. Others are added, (1) Action for damage by coUiaion : STATEMENT OK CLAIM. In the Maritime Court of Ontario. No., [Title of Actiwi.] Writ issued 18 . 1. Hliortly Ijet'ore o'clock on the of JanuHry, 18 , tiie ship A.B. of tons register, of which tlie PliiintiH', CD., was tlien owner, whilst on a voyage from to , laden with coals, and manned with a crew of hands, all told, was about miles (hearing) from the Light. 2. The wind at tliat time was about E.N.E., a moderate breeze, the weather was tine, but slightly hazy, and the tide was about .slack water, and of little force (or us the ease may be), i'he A.JJ. was sailing under all plain sail, close hauled on the port tack, heading about S.E., and proceeding through the water at the rate of about five knots per hour. Her proper regulation side sailing lights were duly placed and exhibited and burning brightly, ami a good look-out was being kept on board of her. 3. At that time tho.se on board tlie.l.//. obseived the red light of a .sailing vessel, which proved to be the A". J', at the distance of about from one mile and a half to two miles from the A.B., and bearing about one point on her port bow. The A.JJ. was kept close hauled by the wind on the [lort tack. The A. J', exhibited her green light and shut in her red light, and drew a little on to the starboard bow of the A.B., and she was then seen to be approaching and causing immediate danger of collision. The helm of the A.Ji. was thereupon put hard down, but the AM', although loudly hailed from the A.ii. ran against and with her stem and starboard bow struck the starboard quarter of the A.B. abaft the main rigging, and did her so much damage that the A.B. soon afterwards sank, and was with her cargo wholly lost, and four of her hands were drowned. 4. There was no proper look-out kept on board the A. 1'. 5. Those on board the A'. 1'. improperly neglected to take in due time proper measures for avoiding a collision with the A.B. 6. The helm of the AM', was ported at an improper time. # w h If. n 7(> Api^endix. 7. The said collision, and the tlamagos and losses consequent tlieieon, were occasioned hy the negligent and improper navigation of those on board tiie X. Y. The riaintirt" claims — 1 . A declaration that lie is entitled to the damage proceeded for. 2. The condemnation of the Defendants (and their bail) in such damage and in costs. 3. To have an account taken of such damage with the assistance of nierchancs. 4. Such further or other relief as the nature of the case may require. Dated the day of 18 . (Signed) Delivered the day of 18 , by (address in full), Solicitors for the, »fec. (2) DEFENCE AND COUNTER-CLAIM. In the Maritime Court of Ontario. nil [Title of Action.'] 1. The Defendants register, carrying are the owners of tlie ship X. Y. of tons a crew of hands all told, and at the time of the circumstances herein-after stated bound on a voyage to 2. A little befoie o'clock of the , the A'. Y. was about miles S.E. by S. of the . The wind was E.N.E. The weather was hazy. The X.Y. under foresail, fore and main topsails, main tojigallant sail, and jib, was heading about W.S.W., making from five to six knots ; n hour with her regulation light duly exhibited and burning, and a good look-out being kept on board her. 3. In these circumstances, the reil lights of two vessels were observed pretty close together, about half mile off, and from two to three points on the starboard bow. The helm ot the A'. J', was put to port in order to i)ass on the port sides of these; vessels. One, however, of the vessels, whicli was the A.B. altered her course, and exhibited her green light, and caused danger of collision. The helm of the X. Y. was then ordered to be steadied, but before this order could be completed was put hard-a-port. The .1.7/. with her starboard side by the main rig- ging, struck the stem of the A'.}', and shortly afterwards sank, her master and four of her crew being saved bj* the A'. ]'. 4. Save as is herein-before admitted, the several statements in the statement of claim are denied. 5. The A.B. was not kept on her course as required Ijy law. 6. The helm of the A.R. was improperly starboarded. 7. The collision was caused by one or both of the things stated in the fifth and sixth paragraphs hereof, or otherwise by the negligence of the Plaintifl's, or of those on board the A. E. 8. The collision was not caused or contributed to by the Defendants, or by any of those on board the X. Y. p-eoii, |e on pr. sucli |ce of may Ap/)('iiill:i: And by way of Counter-claim, the Defendants say— They liave suffered great damage by reason of tlie collision, And they claim na follows — 1. Judgment against the Plaintiff (and his bail) for the damage occasioned to the Defendants by the collision, and for the costs of this action. 2. To have an account taken of such damag« with the assistance of merchants. 3. Such further and other relief as the nature of the case may require. Dated, etc., yer7ninalion m be/oi-e.] 77 (3) KEPLY. In the Maritime Court of Ontario. [Titlfi of Action.] The Plaintiff denies the several statements contained in the state- ment of defence and Counter-claim, or admits the .several statements contained in paragraphs and of the statement of defence and Counter-claim, but denies the other statements contained therein or joins issue upon, &c. Dated, etc., [teriniuation.] (4) Action /or Salvage : STATEUENT OF CLAIM. In the Maritime Court of Ontario ; No.... [Title of Action.] Writ issued 18 . 1. The " Asia" is an iron screw steam ship of tons net register tonnage, fitted with engines of horse-power nominal, is of the value of $ , and was at the time of tiie services herein-after stated manned with a crevv of hands under the fom.nvind of , her master, 2. At about 9 a.m. on the day of , while the Asia — whicii was in baUast proceeding on n voyage to to load a cargo of grain — was between and , those on board her saw a steam ship ashore on a bank situated about ten miles to the westwai'd of . The " Asia" immediately steamed in the direction of the distressed vessel which made signals for assistance. 3. On neariiig the distressed vesoel, which proved to be the " Crosby," one of the " Asia's" boats was .sent to the •' Cro.sby," in charge of the second mate of the " Asia," and subsequently the master of the " Crosby" boarded the " Asia," and at the request of the master of the " Crosby" the master of the " Asia" agreed to endeavour to tow the " Crosby" afloat. 4. The " Crosby" at tiiis time was fast aground, and was lying with her head about N.N.W. THF PROPERTY OF THt LAW i>OCIt 1 1 78 Appendix. 5. The ruflster of the " Asia" having ascertained from the master of the "riOMby" the direction in which the "Crosby" had got upon the liiiiik. K e " Asia" steamed up on tlie starl)oard side of tlie " Crosby" and was lashed to lier. 6. The " Asia" then set on ahead and attempted to tow the " Crosby" afloat, and so continued towing without effect until the liawser which belonged to tlie " Asia" broke. 7. The masters of the two vessels being then both agreed in opinion thai it would be necessary to lighten the " Crosl)y" before she could be got afloat, it was arranged that the cargo from the " Crosby" should be taken on board the " Asia." 8. The " Asia" was again secured alongside the " Crosby" and the hatches being taken off" cargo was then discharged from thp"Cro.sby" into the " Asia," and this operation was continued until about 6 p.m., l)y which time about 100 tons of such cargo had been so di.scharged. 9. When this had been done both vessels used their steam, and the " Asia" tried again to get the " Crosbv" off", but without succe.ss. The " Asia" then towed with a hawser ahead of the " Cro.sby," and succeeded in getting her afloat, u])on which the " Crosby" steamecl to an anchorage and then brought up. 10. The " Asia" steamed after the " Crosby" and again hauled along- side of her and commenced putting the transhipjied cargo again on board the "Cro.sby," and continued doing so until about fi a.m., of the .30th of April, by wdiich time the operation was completed, and the "Crosby" and her cargo being in safety the " Asia" proceeded on her voyage. 11. By the services of the Plaintiflfs the "Crosby" and her cargo were rescued from a very dangerous and critical ])osition, as in the event of bad weather coming on whilst she lay aground .she would have been in very great danger of being lost with her cargo. 12. The " Asia" encountered some risk in being lashed alongside the " Cro.sby," and she ran ri.sk of also getting aground and of losing her charter, the blockade of tlie port of Nikolaov being at the time imminent. 13. The value of the haw.ser of the " Asia" broken us herein stated was $ 1-I-. The "Crosby" is an iron screw steam ship of tons net ( gro.ss) register tonnage. As salved the " CJrosby" and her cargo and freight have been agreed for the purposes of this action at the value of S . The Plaintiflfs claim — 1. Such an amount of salvage, regard being had to the .said agree- ment, as the Court may think fit to award. 2. The condemnation of the Defendants [and their bail] in the sal- vage and in costs. 3. Such further and other relief as the case may require. l)ated, etc. i 1 per of the osl)y" |()sby'' inioii 11(1 be Id be Id the josby" p.m., II. AppencUx. DEFENCK. In the Maritime Court of Ontario. [Title of Actw7i.] 1. The Defendants admit that the statement of facts contained in the stiitement of claim is substantially correct, except that the re-shipment of the cargo on board the " Crosby" was completed by 4 a.m. on the 30th April. 2. The Defendants submit to the judgment of the Court to award such a moderate amount of salvage to the Plaintitla under the circum- stances aforesaid as to the said court shall seem meet. [termination]. 79 t'.: 4 m (6) REPLY. In the Maritime Court of Ontario. [Title of Action.] The Plnintiflfs deny the statement contained in the 1st parapragh of the ;>tatenieut of defence, that the shipment of the cargo was completed by 4 a.m. on the 30th April. Dated, etc., [^termination]. (7) (3.) Action for distribution of salvage .• STATEMENT OP CLAIM, In the Maritime Court of Ontario. [Title of Action.] Writ issued 18 1. Describe briefly the salvage services, stating the part taken in them by the Plaintiffs, and the capacity in tvhich tliey were serving. 2. The sum of $ has been paid by the owners of the ship, ':, <'.3 siliowu ii; the schedule hereto, there remains due to him for liiij ^^a;(!S a balan:.e ui 2. The plaintiffs CD., E.F., and (r.fl., \("\^ engage! :■. aile .vM,inon on board tlie said brig, and liaving in pursuance of tiiat onjrj.i^'inftnt served as able seamen on board tlie said brig during the period ■ -.jit'citied in tlie schedule liereto, earned thereby as wages the sums >;>t t'": th in the same schedule, and after giving credit for the sums recei -.d tiy them i'cs|iectivelj, on account of tlie said wages, tliere remain due to them the following sums ; namely. To CD., the sum of S To E.F., " $ To G.H., " $ Apppndh: •^^ .',^^' ■■■'q^ ■ ■' < 3. The [daintiffs /.A'., and L.M., were engnyed as ordiiuify^iietvilieii , ^ on hoard tlie said hrig, and liaving served on board the sa^min {iursu- ' ance of the said engagement, during the periods specified i|^ tlie sehedulfe hereto, earned thereby the snms set forth in the san^^hodule,~ftiid after ere ■dit tor die sums received by them Kspeetjvely, on account of tlie said wages, there remain due to them the fcllo*^;^ sums; namely, V^"t O V - To I.K. the sum of S N^^;-.,,,,,-^ ' To L.M. '• S Schedule referred to above. Wages due A.B., niate, from the 18 , to the 18 months and days at $ per month. Less received on account . Balance due. Wages due to CD., able seaman, from the 18 , to the 18, months and days, at $ per month. Less received on account. .1 Balance due $ [so on with the waijes due to the other plaintiffs]. The Plaintifl's claim— 1. The several sums so due to them respectively with the costs of this action. 2. Such double pay as they may bo entitled to under sec. 187 of the Merchant Shipping Act, 18;>4 («). .'V Such other relief as the nature of the case may require. Dated, etc. (a) The provi.sion as to 10 days doublo pay is not contained in tlie " Inland Waters Seamen's Act," (10) Action on Mortgage : STATEMENT OF CLAIM. In the Maritime Court of Ontario. [Title of Action.] Writ issued 18 . 1. The above-named or vessel is a British ship belong- ing to the poit of , of the registered tonnage of tons or thereabouts, and at the time of the mortgage here-inafter mentioned, , of , was the registered owner of the said vessel. 2. On the day of , 64th parts or shares of the said vessel were mortgaged by the .said to the Plaintift', to secure the payment by the said to the Plaintiff of the sum of $ , together with interest thereon at the rate of per cent, per annum on or before the day of 18 . 11 -81 i 82 Appendix. 3. The said mortgage of the gftid vessel was made by an instrument dated the day of 18 , in the form prescribed by tlie 66tli section of the Merchant Shipping Act, 1854, and was duly legistered in accordance with the provisions of the said Act. 4. No part of the said principal sum or interest has been paid, and there still rsniaiiis due and owing to the Plaintiff nn the said mortgage security the ))iincipal sum of S , together with a large sum of money for interest and expenses, and the J^laiiitiff, although he has applied to the said for payment thereof, cannot obtain payment without the assistance of this Court. The Plaintiff claims— 1. Judgment for the waid principal sum of .? , together with interest and expenses. 2. To luive an account taken of the amount duo to the Plaintiff. 3. Payment out of the proceeds of the siiid vessel now remaining in Coiut, of the amount found Defence. In the Maritime Court of Ontario. [Title of Aetion.'\ 1. The Defendant denies the statements contained in paragraph 2 of the petition. 2. 'i'lu! Defendant furtiier .says that he never at anv time signed any liill (jf sale transferring any shares whatever of thi^ said ship '• Horlock " to the said Thomas Worraker, and further says that if any such bill was ■^3 84 Ai)2Je'ndix. registered as alleged on the lltli Juno in tlie said 2nd jiaragrapli (wliicli the Defendant denies) the siinie was made and I'egistered fraudulently and without the knowledge, consent, or aiitliority of the Defendant. 3. The Defendant does not admit the Htatements contained in the 3rd l)aragraph of the petition, and says tiiat if the said Tlionias Worraker transfei'red any shares of tlie said siiip to the J'laintill'as iilleyeil ^wliicji the defendant does not admit), he did so wroni,'fidly and unlawftilly, and that ho had not po.ssussioii of or any light to or in respect of tiie said shares. 4. The Defendant denies tlie statements contained in paiagraph I) of the petition, and says that he never rendered any sueli aueoiints as alleged therein. 5. The Defentlaiit does not admit the statements contained in para- graph G of the petition. Dated, etc. (14) Reply. In the Maritime Court of Ontario. [I'itle of Action.] The Plaintiff denies the several statements contained in the Defend- ant's statement of defence. Dated, etc. (15) /»i (Oi action for possession. Statement of Claim. In the Maritime Court of Ontario, [Title of Action.] Writ issued 18 . 1. The Plaintiffs are registered owners of 44-G4th shares in the British ship " Native Pearl," and such shares are held by them respec- tively as follows : — iVI organ Par.sall Uriliiths is owner of 16-G-ith share.s, Edmund Nicholls of 8-G4th shares, William Meager of 4-64tli shares, Lsaac Butler of 8-64th shares, and William Herbert of 8-G4th shares. 2. The only owner of the said ship other than the plaiutill's is John Nicholas Richardson, who is the registered owner of the remaining 20-G4th shares of tl:is ship, and has liitlierto acted as managing owner and sliip'.s husl)and of the said sliip, and has possession of and control over the said shi]) and her certificate of registry. 3. The defendant the said Joini Nicholas Richardson, has not man- aged tlie said sliip to the satisfaction of the plaintiffs, and has, by his management of her occasioned, great loss to the plaintiffs; and the plaintiffs in consetpience thereof before the commencement of this action gave notice to tiie defendant to cease acting as as managing owner and ship's husband of the said ship and revoked his authority in that behalf, and demanded from the defendant the possession and control of the said ship and of her certificate of registry, but the defen- AppendiiK. dant has refused to give possession of the said sliip and ceititicate to the plaintiffs, and the phiintitfs cannot ol)tain possession of tiicm with- out the assistance of this Court. 4. The det'cudaiit has neglected and refused to render jiroper accounts relating to the nianageiiieut and earnings of the said slii)i and such, accounts are still outstanding and unsettled between tiie plaintiffs and the defendant. The plaintiffs claim — 1. Jiidgnicnt giving possession to the plaintiffs of the said ship and of lier certificate of registry. 2. To httve aij account (aken, with the aissistance of merchants, of the earni//^.s /// |f.^fc sMp. 3. A s/iie lit the defendant's shires in the said sliip. 4. Payment out of the nrofoeds of such .s.-de of the balance (if litiy) found due to the jilaintiffM nnth day of January !H , on whicli hist-nientionwl day a pruniisHory note given by tlio said (ieorge La^/a^o to tiio said plaintilla for the sum said of $ was returned to tliem dislionouri-d. 5. The PhiintiH's also at tlio said master's request, between tlie Ist of HcptemOer 18 and the comnienement of this action |)aid various sums amounting to !i:> tor the insurance ol' their said debt. G, Tiie said goods were supplied and the said sums advanced and paid by the i'laintitl's upon the credit of the said ship, and not merely on the personal credit of the said master. The Plaintirt"8 claim— 1. Judgment for the said suras of iB , and $ , together with interest thereon. 2. That the Defendant (and his bail) be condcnuied therein, and in costs ; or 2 A sale of the said siiip, and payment of tiie .said sums and inter- est out of the proceeds of such sale, together with costs, 3. Such further and other relief as the case may require. Dated, etc. (17) Toivuye. STATEMENT OF CLAIM. In the Maritime Court of Ontario. [Title vf Action.] 1. On tiie day of tiie siiip Tiu'ee Brotiier.s, wiu-reof tiie Defendants are tiie owners, arrived otf Gibralter Point, and here tiie master of the said ship agreed to engage the steam-tug Jvolil), wiicrecjf the PluinliHs are the owners, to tow tiie said siiip into tlie iiailjoui' of Toronto, and to dock or wharf for rewai-d in tiiat Lehalf. 2. The Robl) took the said ship in tow, and continued in charge of her until she was placed in the said dock. 3. For the said services so rendered to the .said ship as aforesaid, tiiei'e is due to the Plaintilfs the said sum of ^ 4- The Defendants have refused to pay the said sum of ijj and the same is still due anJ owing to the Plaintiffs. The Plaintiffs claim — 1. Judgment pronouncing for the claim of the Plaintiff's. 2. 'i"he condemnation of the Defendants, and their bail in tlie co.sts of this action. 3. Such further or other relief as the case may require. Dated, etc. Apprnilix. OKIIEH ro.SSOLir>AT|N(; ACTIONS. Ill tlie Muritiine Court of Uutiirio. No, [Title of Aclion.] {wn» the cnsf. I't'gistnif of iukI aro for w also for wages, Upon tho iippliiiition of the in notion munbtir iitiiii hfi), and U|Min iciulin'.^ tlic ccititicate of tiio this court, wiicrdiy it a|i])(MirH timt actions nunilxM'S wages,aiKl it apptNiriii!,' also that the said action number and is instituted in the same otlico (or the C(w; mni/ he) and af^ain^t tiie same property as tin- said other action. And tin; plaintills insaid a.tion number , nndertakii ,' tiiat ail proceedings to be taken therein shall apply to and includi! the said action number , and that the decree in the said action ninnber shall incluiie all necessary provisions ii nd directions foi' tho l)enetit of the plaintiH' in said action number and for realizing the amount which may l)e ascertained to l)e due to for said claims and costs, Niid upon iiearing for the in s;iid actions, it is ordered that all fuiilier proceedings in said action number be stayed and that the same be consolidated with the said action nuniuor and that tiie said la.'t named action be proceeded with against said property on behalf of all said plaintiH's. Dated at Chambers. ) ) Judge. •T (19) noXI) FOK SECURITY FOR COSTS ON APPEAL TO SUPHEME COURT OP CANADA. Jn the Maritime Court of Ontario, No [Title uf Action. lleipiired l)y Sec. 40, " .S'ftywouc and Exchequer Cuurtii Act.'' Know all mkn by these presents that we, A.U., of the of in the county of , and I'rovince of , (J.J), of , and E.F. of , are jointly and sevcMally held, anil Jointly bound unto G.II. in the penal sum of Hvt! hundred dollars, for whicli payment well and truly to tie made, we bind ourselves and each of us by himself, our and eacli of our heirs, e.xecutor.s, and administrators, firndy by these presents. Dated this day of A.D. 18 . Wliereas a certain action was brought in the Maritime Court of On- taiio at , by the said A.B. as plaintifl" against . And whereas a judgment or decision was pi'onounued by the judge of the said court {or by the Surrogate judge of the said court at ) and a deci'ee (or order) was made in said action on the day of {or as the case may be) against the said . And whereas the said complains that in pronouncing the said judgment in said action, manifest error liath intervened, wherefore the .said desires to appeal from the said judg- ment decision, decree, or order {or as the case may be) to the Supreme Court of Canada. Now the condition of this obligation is such, that if the said shall effectually prosecute his said appeal and pay such costs and dam- ages as m.iy be awarded against him by the Supreme Court of Canada, IMAGE EVALUATION TEST TARGET (MT-3) {/ V* '^ «;<< 4^ ^0 ^ ill 1.0 I.I ISilM ■50 "^ Z UK u 125 2.0 IJJ. — 6" Hiotographic Sciences Corporalion ^ \ ^s 4^. ;\ 23 WIST MAIN STRIH VVIUTIt,N.Y. MStO (716) •72-4503 '4^ 6^ 88 Appendix. then this otiHgation shall be void, otherwise to remain in full force and elfect. Signed, sealed, and ) A.B. L.S. delivered in I CD. L.S. presence of, j E.F. L.S. « • ] ' (20) AFFIDAVIT OF EXECUTION. In the Maritime Court of Ontario. [IHtle of Action.] The I, , of the , make oath and say (1) that I was personally present and did see the foregoing instrument duly signed, sealed, and executed by parties thereto. (2) That the said instrument was executed at (3) That I knov,- the said parties, (4) That I am a subscribing witness to the said instrument. Sworn before me at the "i °* y in the county of ( 18 . j this day of (21) AFFIDAVIT OF JUSTIFICATION. In the Maritime Court of Ontario. [Title of Action.] No. The I, 0.2)., of , make oath and say, that I am a resident inhabitant of the Province of , and am a freeholder in the of aforesaid, and that I am worth the sum of $1,000 over and above what will pay all my debts. And I, the said E.F., of the of , make oath and say, that I am a resident inhabitant of the said Province of , and am a free- holder in the of aforesaid, and that I am worth the sum of $1,000, ovdr and above what will pay my debts. The above named deponents, CD. ' and £.F., were severally sworn be- fore me in the of in the county of and Province of this day of 18 . CD. E.F. tree and rsonally ed, and Aiypendix. (22) 8d POWER OF ATTORNEY TO RECEIVE MONEY. In the Maritime Coiir^. of Ontario. No . [Title of Action.] Ij of State of , one of of the United States of Americn, (or as the case may be), do hereby appoint and authorise of the of in the Province of Ontario , as my Attorney, to receive for me all sums of money which may be payable to me out of the pr (cecds arising from the sale of the said vessel, remaining in court decreed or awarded to me in the said action, {or as the case may be), and ill my name to give all necessary receipts and acquittances for the same. In witness whereof I have hereunto set my hand and seal this day of 18 . Signed, sealed, and delivered \ in presence of ' L.fe. [Add Affidavit of Execution as Form (20)] It *■; abitant n e what ly, that I a free- sum of Hi INLAND WATERS SEAMEN'S ACT. Revised Statutes of Canada, Chapter 76. An Act respecting the Shipping of Seamen on Inland Waters, A.D. 1886 (referred to in preceding Rules.) HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows : — SHORT TITLE. 1. This Act may be cited as " The Inland WaUrs Seamen h Act" 38 v., c. 29, s. 1. INTERPRETATION. *i. in this Act, unless the context otherwise requires, — (a.) The expression " ship " includes every description of vessL-l used in navigation, not propelled by oars ; (b.) The expression " master " includes every person havini,' command or charge of a ship, except a pilot ; (c) The expi'ossion " seaman " includes every person employcij or engaged in any capacity on board any ship, except masters and pilol/S ; (d.) The expression " Consular officer " includes Consul Gene- ral, Consul, and Vice-Consul, and any person for the time being discharing the unties of Consul General, Consul oi- Vice-Consul. (e.) The expression 'the Minister" means the Minister of of Marine and Fisheries ; (/!) The expression " ship s(il)ject to the provisi(ms of this Act" includes every ship registered in Canada propelled by steam, ami of more than twenty tons, registered tomiage, or propelled other- vvis? than by steam, and of more than fifty tons registered ton- nage, and employed in navigating the inland waters of Canaarges anil scows navigating barges, &c. rivers and canals. 38 V , c. 29, s. 2, part. ENfJAGKMKNT AND WAGES OF SEAMEN. Agreement 4. Tlie master of every ship subject to the provisions of this between man- ^^.j. ^\^q^[\ enter into an agreement with every seamen whom ter and crew. , ' . £■ i • • xi i • i. he carries as one ot his crew, in the manner herematter men- Form of tioned ; and every such agreement shall be in the form of the agreement, schedule to this Act, or as near thereto as circumstances admit, Short title. Interpreta- tion. "Ship." " Master.'' " Seaman." ' ' Consuhir Officer." " Minister."' "Ship subject to the pro- visions of this Act. 'Pi . /nland Waters Seamen'8 Act. 91 and shall bo dated at the time of the tirtii siyiiature thereof, and shall be signed by the master before any seaman signs the same, Particulars. and shall contain the following particulars as terms thereof, that is to say: — («.) The nature and, as tar as practicable, the duration of the Nature of intended voy. ^e or engagement ; voy;vge. to TiiiiL' for work. (Jap;icity. Wm-os. (6.) The number and description of the crew, specifying how cn many are engaged as sailors ; (c.) The time at which each seamen is to be on board or begin v.ork : (d.) The capacity in which each seaman is to serve ; (e.) 'ihe amount of wages which each seaman is to receive ; (/.) Any regulations as to conduct on board, and as to tines, or (^^„,„,j,j,j ^^^. other lawful punishments for misconduct which the parties agree to adopt : 2. Every such agreement shall be so framed as to admit of I'o l)u .so stipulations, to be adopted at the will of the master and seamen f™".^''* !"• '" 'i ,,' , ,. ,, .., lunnit of oer- in each case, as to advances, and may contain any other stipula- tain stipulr.- tions which are not contrary to law ; and every such agreement tionH. shall be made and signed in presence of a respectable witness, or a shipping master or chief ofHcer of cu.stoms, who shall attest each signature on such agreement ; 3. Any seaman who has signed any such agreement may, at the Discharge of termination of his engagement, if the master thinks tit, be dis- seamen, how charged before any shipping master or chief officer of customs jn*'^'-'''''''^- Canada ; and at any period during any such engagement, and before its termination, the master may discharge any such sea- man on payment of liis wages, and with his consent, and any such discharge may be made, if the master thinks tit, before any shipping master or chief officer of customs in Canada. 38 V., c. 29, s. 3. 5. In the case of ships subject to the provisions of this Act l>iii'atiou of making short voyages, running agreements with the crew may be "8''^'*^""'"*" made to extend over t'vo or more voyages, or for a s[)ecitied time, so that no such agi cement shall e.\tend beyond eight months from the date of such agreement, or the first arrival of the ship at her port of destination after the termination of such agreement, oi the discharge of cargo conscMiiieiit upon such arrival ; and every i.;i,,riv"t!iiieiit person entering into such agreement, whether engaged upon the ami <^i^<• tir.st commencement thereof, or otherwi.se, shall enter into and "'""'f?^'- sign the same in the manner !ierein'.>efore required ; and every person engaged thereunder when discharged may be discharged in the manner hereinbefore provided for. 38 V., c. 29, s. 4. 6. Every master of any ship subject to the provisions of this Penalty for Act, who car into an agreement Ties any seaman as one ot his crew without entering ^"'"y'.'h' X 0.1 I • • i.1 i- 1 ] i. .1 ° men without ement with him, in tlie torm ana manner and at the„„reement place and time in such case required, shall, for each such oti'ence. incur a penaltj' not exceeding twenty dollars. 38 V., c. 29, s. T. Every erasure, interlineation or alteration in any such Krasuros, &c. agreemeiit; with seamen as is required by this Act, except addi- "oi(]'''j,'^,Xs'8"' tions made for shipping substitutes or persons engaged subse- consent of nil quently to the first departure of the ship, shall be wholly inoper- parties is ative, unless proved to have been made with the consent of alU"'°^® ■ the persons intarested in such erasure, interlineation or alteration, m I '1 i- ■Ir I Inland Waters Seamen's Act. by the written attestation, if made in Her Majesty's Dominions, of some shipping master, justice oi" the ])eace, officer of customs or other piililic fiiiictionary, or, if made out of Her Majesty's Domin- ions, of a British consular officer, or where tliere is no such officer, of two respectable witnesses. 38 V., c. 29, s. 6. 8. Eveiy person who fraudulently alters, assists in fraudu- lently altering, or procures to be fraudulently altered, or makes or assists in making or procures to be made, any false entry in, or delivers, assists in delivering, or jirocures to be delivered a false copy of any agreement under this Act, is gui^y of a misde- meanour, 38 v., c. 29, s. 7. 9. Any seaman may bring forward evidence to prove the con- tents of any agreement under this Act or otherwise to support his case, without producing or giving notice to produce the agree- ment or any copy thereof. 38 V. c. 29, s. 8. Kightof sea- 10. Any seaman who has signed ar. agreement under this Act, man (lis- g^,jj j^ afterwards discharged before the couunencement of the out'causr' voyage, or before one month's wages are earned, without fault on before the end his part justifying such discharge and without his consent, shall of his term of j^g entitled to receive from the master or owner, in addition to any wages he lias earned, due compensation for the damage thereby caused to him, — not exceeding one month's wages ; and may, on adducing sucli evidence as the court hearing the case deems satisfactory of his having been so improperly discharged, recover such compensation as if it were wages duly eanied. 38 v., c. 29, .s. 9. Penalty for fraudulently altering agreement, Proof of agreement. Attestation of agreement or discharge and fee to officers. As to seaman whose term of service is terniinuted without his fault. Seaman un- lawfully re- fusing to work, Ac. 1 1. Whenever any agreement under this Act is signed before any shipping master or a chief officer of customs as a witness thereto, such officer shall append his title of office to his signature as such witness ; and the sum of forty cents shall be payable to every such officer upon each engagement of a seaman before him, and the sum of twenty cents shall be payable to every sucii offi- cer upon each discharge of a seaman effected before him as here- inbefor-' mentioned ; and any shipping master or chief officer of customs may refuse to sign an}' such engagement or discharge, as a witness thereto, unless the fee payable thereon is first paid. 38 v.. c. 29, s. 10. 1 2. Whenever the service of any seaman belonging to any .ship subject to the provisions of this Act, terminates before the period contemplated in the agreement, by reason of tiie wreck or lo.ss of the ship, and whenever such service terminates before such period as aforesaid, by reason of his being left on shore at any place abroad, under a certificate of his unfitness or inability to proceed on the voyage, granted by competent authority, such sea- man shall be entitled to wages for the time of service prior to such termination as aforesaid, but not for any further period. 38 v., c. 29, s. 11. 13. No seaman belonging to any ship subject to the provis- ions of this Act, shall bo entitled to wages for any period dnring which he unlawfully refuses or neglects to work when required, Inland Watern i:>eaineii» Act. 08 whethei- before or after the time lixed by the agreement for his beginning work, or, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him. 38 V., c. 29, s. 12. 14. Whenever a seaman belonging to any ship subject to the Seaman dis- provisions of this Act, is, by reason of illness, incapable of per-^^^'*''^''^^ '|}' forming his duty, and it is i)roved that such illness has been by his own caused by his own wilful act or default, he shall not be entitled to wilful act. wages for the time during which he is, by reason of such illness, incapable of performing his duty. 88 V., c. 29, s. 13. 1 5. No seaman belonging to any ship subject to the provis- Seaman not ions of this Act, who is engaged for a voyage or engagement *° ®"® ^P' which is to terminate in Canada, shall be entitled to sue in any ^"frt^out of court out of Canada for wages, unless he is discharged with the Canada, ex- written consent of the master or proves such ill-usage on the part °^P* '"* "*'' of the master or by his authority, as to warrant reasonable appre- hension of danger to the life of such seaman if he remained on board ; but if any seaman, on his return to Canada, proves that Proviso, the master or owner has been guilty of any conduct or default which, but for this section, would have entitled the seaman to sue for wages before the termination of the voyage or engagement, he shall be entitled to recover, in addition to his wages, such com- pensation; not exceeding eighty dollars, as the court hearing the case thinks reasonable. 38 V., c. 29, s. 14. I ■'!■ 16. The master or owner of every ship subject to the pro- Master or visions of this Act shall, at all times when required so to do w "*"f |^°""'* , , , . . , . , 1 1 1 o 1 1 1 • 1 1 'f* produce the Minister or by any person in that behalf duly authorized by agreement to the Minister, or by any inspector of steamboats or custom house certain officer or officer of river police, produce and exhibit to the Minis- <'*'^^*'''- ter or to such poison authorized by him, or to such inspector of steamboats or custom house officer or officer of river police, any ajjreement then in force and subsisting: between the master of such ship and the seamen whom he carries as his crew ; and every "enalty for such owner or master who fails to comply with the reciuirements*** "" ' of this section shall incur a penalty of twenty dollars. 38. V., c. 29, s. 15. DISCIPLINE. 1 7. Every master of and every seaman belonging to any ship Misconduct! subject to the provisions of this Act, who, by wilful Vjreach ofe"|l'"igering duty, or by nuglect of duty, or by reason of drunkenness, does jjj^^' ^'^j°[^g. any act tending to the immediate loss, destruction or serious dam-meanor. age of such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who, b}' w ilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act, proper and requisite to bo dune by him for preserving such ship from imme- diate loss, destruction or serious damage, or for pieserving any person belonging to or on board of such ship from immediate danger to life or limb, is guilty of a misdemeanor. 38 V., c. 29, s. 16. iA- 94 Inland Waters Seamei,'^ Act m :J I .■i: I ■ "• Offences of seamen and their piinish- inent. iJesertiun. Neglecting or refusing to join ship or priiceed on voyage. Absence with' out leave. Quitting withiiutleave, before ship is scoured. Act of willful disobedience. Continued disobedience or neglect of duty. Assault on oHioers of ship. C'ct to the P'"'*"'"^' °' 08 deHertioii or or brviiLii of diHL'ipliiio limy l)e Bent on board bo- ff>ro tcrniin- ation of (ontence. Inland Waters Seamen h Ad. provisions of this Act, in which he is engaged to serve, or of havinsr de.serted or otherwise absented himself therefrom with leave, or his without of his having committed any other breach of discipline, and if, during such imprisonment, and belore his engagement is at an end, his services are required on board his ship, any justice of the peace may, at the requt :t of tlie master or of the owner or his agent, cause such settman to be conveyed on board his said ship for the purpose of proceeding on the voyage, or to be delivei'ed to the master or any mate of the ship, or to the owner or his agent, to be by him so conveyed, notwithstanding that the termination of the period for which he was sentenced to imprisonment has not arrived. 38 V., c.29, s. 20. Faoiiitieg for '^JJ. Whenever the question arises whether the wages of any proving de- seaman belonging to any ship subject to the provisions of this Act, sertion, so fftr ^^g forfeited for desertion, it shall be sufficient for the person in- forfeiture of sisting ou the forfeiture to show that such seaman was duly en- wages, gaged in or that he belonged to the ship from which he is alleged to nave deserted, and that he quitted such ship before the com- pletion of the voyage or engagement; and thei'eupon the desertion shall, so far as relates to any forfeiture of wages or emoluments under the provisions hereinbefore contained, be deemed to be proved, unless the seaman can produce a proper certificate of dis- charge, or can otherwise show, to the satisfaction of the court, that he had sufficient reasons for leaving his ship. 38 V., c. 29, .s, 21. Cost of pro- 583. Whenever, in any proceeding relating to seamen's wages, curing impri- jt is shown that any seaman belonging to any ship subject to the to the'exS' pi''^visions of this Act, has, in the course of the voyage, been con- of 8112, be de victctl of any offence by any competent tribunal, and rightfully ducted from punished therefor by imprisonment or otherwise, the court hear- wuges. jjjg ^^^^ ^^^^ ^^y direct a part of the wages due to such seaman, not exceeding twelve dollars, to be applied in reimbursing any costs properly incurred by the master in procuring such convict- ion or punishment. 38 V., c. 29, s. 22. 34. Whenever any seaman belonging to any ship subject to the provisions of tnis Act, contracts for wages by the voyage, or by the run or by the share, and not by the month or other stated period of time,the amount of forfeiture to be incurred under this Act sliall be taken to be an amount bearing the same pro- portion to the whole wages or share, as a month or other the period hereinbefore mentioned in fixing the amount of such for- feiture, as the case may be, bears to the whole time spent in the voyage ; and if the whole time spent in the voyage does not ex- ceed the the period for which the pay is to be forfeited, the for- feiture shall extend to the wages or share. 38 V., c. 29, s. 23. Application 185. All clothes, effects, wages and emoluments which under the of forfeitures, provisions hereinbefore contained, are forfeited for desertion, shall • be applied; in the first instance, in or towards the reimbursement of the expenses occasioned by such desertion to the master or owner of the ship from which the desertion has taken place ; and may, if earned subsequently to the desertion, be recovered by such master, or by the owner or his agent, in the same manner as the deserter might have recovered the same if they had not been for- Amount of forfeiture how to be as- certained when seamen contract for the voyage. Inland Waters Seamen'ti Act. »7 felted; and in any legal proceeding relating to such wages, the court may order the same to \w paid acoordin^'ly; and subject to such reiinbursomont, the same shiiU bu paitl to tlu^ Minister of Fii inance and Receiver General, to form part of the Consolidated Kevenuo Fund of Canada ; and in all other cases of fijrfeiture of wages un- der the provisions hereinbefore contained, the forfeiture shall, in the absence of of any spocitic diiectionsto the contraiy, be for the benefit of the master or owner by whom the wages are payable. 38 v., c. 29, s. 24. ?8arty has been convicted, anu there is a good and valid conviction to suf;tain the same. 38 V., c. 29, s. 32. Justices may 48. Any ju.stice of the peace, at any port or place in Canada, grant warrant Qjj complaint before him on the oath of one or more credible wit- seamen un- "ifiss or witnesses, that any seaman under this Act is concealed inland Waters Seamen's Act. ^.<^^ ;^r Toh, or secreted in any dwelling house or outhouse, or on board the warrant or not. 88 V., c. 29, s. 33. ^ • '' I 43. Any police officer or constable required under the provi- sions of this Act to give assistance to the master or any mate, or the owner, ship's husband or consignee of any ship in r.ppiehend- ing, with or without a warrant, any seaman duly engaged to serve in such ship, and neglecting or refusing to proceed to sea the>oin, or being found otherwise absenting himself therefrom without leave, may, at any time, enter into any tavern, inn, ale house, beer house, seamen's boarding house, or other house or place of entertainment, or into any shop or other place wherein liquors or refreshments are sold or reputed to be sold, whether legally or illegality, or into any house of ill fame; and any [jcrson being therein, or having charge theieof, who refuses, or after due demand fails to admit such police officer or constable into the same, or otters any obstruction to his admission thereto, shall, for every such ott'ence, incur a penalty not exceeding fifty dollars and not less than ten dollars. 38 V., c. 29, s. 34. Police officers or constables to assist in enforcing this Act. 1 tf!' Penalty for obstructing search, etc. 10-2 : ■„ * Inland Waters Seamen's Act. SCHE Agreement, or Articles, for a Name of Ship. Official Number. Port of Registry. Port No. and Date of Register. Registered Tonnage. MANAGING Name. The several persons whose names are hereto subscribed, and whose descriptions are contained the several capacities expressed against their respective names, on a voyage from « And the said Crew agree to conduct themselves in an orderly, faithful, honest and sober manner, and to be obedient to the lawful commands of the snid Master, or of any ptrson who shall lawfully relating to the said Sliip, and the stores and cargo thereof, whether on board, in boats, or on sliore ; the said Master hereby agrees to pay to the said Crew as wages the sums against their names respect according to the usual custom : And it is hereby agreed that any embezzlement or wilful or negligent be made gooil to the owner out of tlie wages of the person guilty of the same : And if any person enters to perform, his wages shall be reduced in proportion to his incompetency : And it is also agreed thatc ,i.- .!?■,.. a In witness whereof the said parties have subscribed their names hereto on the days against Signed by Master, on the Signatures of Crew. Age. \^'here Born. Ship in which lie last served, Official Number, and I'ort she l)elonged to, or other Employment. Date and place of Discharge from sucli .Ship. Date. Place. PLACE OP SIGNATURES AND Note — Here the entries Note.— Any Erasure, Interlineation or Alteration in this Agreement, except in the case of Substitutes, will be void, unless attested by some Shipping Master, Officer of Customs, Consul, or Vice-Consul, or other respectable witnesses to be made with the consent of the persons interested. CHE sles, for a NAGING fame. •e contained ber manner, lall lawfully or on shore ; inies respect or negligent erson enters igreed thatc clays against ie_ place of arge h «Lip. Place. KES AND the entries inland Waters Seamen's Act D U LE. Canadian Ship, subject to this Act. 103 OWNER. MASTER. Date and Place of first Signature of Agreement, including Name of Shipping Office. Address. Name. No. of Certificate. Address. below, hereby agree to serve on board the said Ship, in (or, which Ship is to be employed* ) and to be at all times diligent in their respective duties, succeed him, and of their superior officers, in everything in consideration of which services to be duly performed, ively expressed, and to supply them with provisions destruction of any part of the Ship's cargo or stores shall himself as qualified for a duty v/liich he proves incompetent a Here the voyage is to be described, and the places named at which the Ship is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated. bHere state probable nature of Ship's employment, or nature of voyage and pe- riod of engagement. c Here any other stipulations may be in- serted to which the parties may agree, and which are not contrary to law. their respective signatures mentioned, day of 18 Date and Place of joinir.g this Ship. Date. Place. In wliat capacity engaged ; and if Mate, No. of his certificate (if any). Time at which lie is to be on board. Amount of Wagesj per Calendar Month, Share, or Voyage. Shipping Master's or Witness' Signature. cts. DESCRIPTIONS OF SUBSTITUTES. ai'O to be made as above. I declare to the trutli of the entries in tliis Agreement. Mauler, m^ inland Waters Seamen's Act. l08 INDORSEMENTS. NAVIGATION OF CANADIAN WATERS. Revised Statutes of Canada, Cnapter 79. A.D. 1886. ^n Act respecting the Navigation of Canadian Waters. HER Majesty, by and with the advice and consent of the Senate and House of Conimons of Canada, enacts as follows : INTERPRETATION. Interpreta tion. "Vessel." "Ship." 1. In this Act, uidess the context otherwise requires, — (a.) The exp; cssion " vessel " includes every description of ves- sel used in navigation ; (b.) The expression " ship " includes every description of vessel not propelled by oars ; " Steamboat" (c.) The expression " steamship " or " steamboat " includes every or_" steam- yggggi propelled wholly or in part by steam or by any machinery or power other than sails or oars ; " Practice of {d.) The expression " ordinary practice of seamen," as applied "seamen." to any case, means and includes the ordinary practice of .skilful and careful persons engaged in navigating the waters of Canada in like cases ; "Owner." («•) The expression " owner " includes the lessee or charterer of any vessel having the control of the navigation thereof, 43 V., c. 29, 8. 3. REGULATIONS FOR PREVENTING COLLISIONS. Extent of H. The following rules with respect to lights, fog signals, application of steering and sailing and rafts, shall apply to all the rivers, lakes rufes." °^'"^and other navigable waters within < Canada, or within the juris- diction of the Parliament thereof ; that is to say : — Preliminary. Art. 1. In the following rules every steamship which is under sail, and not under steam, is to be considered a sailing ship ; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam. Rules concerning Lights. Art. 2. The lights mentioned in the following Articles, num- bered 3, 4, 5, 6, 7, 8, 9, 10 and 11, and no others, shall be carried in all weathers, from sunset to sunrise. Art. 3. A steamship when under way shall carry — (a.) On or in front of the foremast, at a height above the hull of not less than twenty feet, and if the breadth of the ship Steam-ships under sail or under steam. What lights shall be carried. By steam- shipE under way. Navigation of Canadian Waters. 107 exceeds twenty feet, then at a height above the hull not less than At foremast such breadth, a bright white light, so constructed as to show an *"'**'• uniform and unbroken light over an arc of the horizon of twenty points of the compass, — so fixed as to throw the light ten points on each side of the ship, viz., from right ahead to two points abaft the beam on either side, — and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles ; (b.) On the starboard side, a green light so constructed as to On starboard show an uniform and unbroken light over an arc of the horizon ^^'^°- of ten points of the compass, — so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, — and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles ; (c.) On the port side, a red light, so constructed as to show an On port sulc. uniform and unbroken light over an arc of the; horizon of te;; points of tile compass, — so fixed as to throw the light from right ahead to two points abaft the beam on the port side, — and of such a charucter as to be visible on a daik night, with a clear atmosphere, at a distance of at least two miles ; (d.) The said green and red side lights shall be fitted with in- How to be board screens projecting at least three feet forward from the fitted, light, so as to prevent these lights from being seen across the bow. Art. 4. A steamship, when towing another ship, a ratt or rafts, By steam- shall, in addition to her side lights, carry two bright white lights ^^^^^ towmg. in a vertical line, one over the other, not less than three feet apart, so as to distinguish lier from other steamships : each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light which other steamships are required to carry. Art. 5. A ship, whether a steamship or a sailing ship, when Lights and employed either in laying or in picking up a telegraph cable, or shapes, by which from any accident is not under command, shall at night ing^^ips *" ' carry, in the same position as the white light which steamships when not are required to carry, and, if a steamship, in place of that light, ""^er com- three red lights in globular lanterns, each not less than ten inches "*"'"' " in diameter, in a vertical line one over the other, not less than three feet apart: and shall by day carry in a vertical line one over the other, not less than three feet apart, in front of but not lower than her foremost head, three black balls or shapes, each two feet in diameter ; (a.) These shapes and lights are to be taken by approaching What to ships as signals that the ship using them is not under command, denote, and cannot therefore get out of the way ; (b.) The above ships, when not making any way through the When to water, shall not carry the side lights, but when making way shall ^F^y ^^^^ carry them. Art. 6. A sailing ship under way, or being towed, shall carr^ By sailing the same lights as are provided by Article 3 for a steamship under ships i way, with the exception of the white light, — which she shall ""'*"'"• never carry, Art. 7. Whenever, as in the case of small vessels during bad fJage'i's in bad weather, the green and red side lights cannot be fixed, these lights weather, shall be kept on deck, on their respective sides of the vessel, ready 108 Lanterns to bo painted outsido. By shipa at anchor. By pilot vessels on duty. When not on duty. Open fishing and other boats. When at anchor. Fishing ves- sels when drift net fishing. Trawlers at work. Plarc-up lights. The said lights substi ' tntcd for those under convention with France. Lanterns for lights. Ship over- taken by another. Navigation of Canad'.an Wafers. for use ; and shall, on tlu- approach of or to other vessels, l)e ex- hibited on their respective sides in Hufficient time to prevent col- lision, in such manner as to make them most visible, and so that the green light siiall not I e seen on the port side nor the red light on the starboard side : To make tlie use of these portable liglits more certain and easy, the lanterns containing them shall each be painted outside with the colour of the light they respectively contain, and shall be pro- vided with proper screens. Art. 8. A ship, whether a steamship or a sailing ship, when at anchor, shall carry, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of not less than eight inches in diameter, and so con- structed as to show a clear, uniform and unbroken light visible all around the horizon, and at a distance of at least one mile. Art. 9. A pilot vessel, when engaged on her station on pilotage duty, shall not carry the lights required for other vessels, but shall carry a white light at the masthead, visible all around the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall neve) exceed fifteen minutes : (a.) A pilot vessel, when not en;;aged on her station on pilotage duty, shall carry lights similar to those of other ships. Art. 10. (a.) Open fishing boats and other open boats when under way shall not be obliged to carry the side lights required for other vessels ; but every such boat shall, in lieu thereof, have ready at hand a lantern with a green glass on the one side and a red glass on the other side ; and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to pre- vent collision, so that the green light shall not be seen on the port side, nor the red light on the .starboard side ; (6.) A fishing vessel, and an open boat, when at the anchor, shall exhibit a bright white light ; (c.) A fishing vessel, when employed in drift net fishing, shall carry on one of her masts two red lights in a vertical line one over the other, not less than three feet aparo ; {d.) A trawler at work shall carry on one of her masts two lights in a vertical line one over the other, not less than three feet apart, the upper light red, and the lower green, and shall also cither carry the side lights required for other vessels, or, if the side lights cannot be carried, have ready at hand the colored lights as pro- vided in Article 7, or a lantern with a red and a green glass as described in paragraph (a) of this Article ; (e.) Fishing vessels and open boats shall not be prevented from using a flare-up light in addition, if they desire so to do ; (/) The lights mentioned in this article arc substituted for those mentioned in the 12th, 13th and 14th Articles of the Conven- tion between France and England scheduled to the " British ,S'ea Fiaheriea Act, 1868 ;" (g.) All lights required by this Article, except side lights, shall be in globular lanterns, so constructed as to show all round the horizon. Art. 11. A ship which is being overtaken by another shall .show from her stern to such last-mentioned ship a white light or a flare* up light. Navigation of Canadian Waters. 109 easy, with Sound Sif/nals for Fog, rcstntatice. Guildford v. The Anglo French S. S. Co., 9.S. C. Hep. a03. Master of ship also part owner — Dis- missal — Uamayes, Hector, 24 L. J. 281. Unregistered vessel— ti tons— Jurisdic- tion. Hurou, 6 L. T. 127. Master's waycs — Objection to jurisdic- tion, wliKU to be taken — Disobedience to orders of owners — Counter-claim — Claim — iSpecial VoiUract — Vessel r'^gistered in Ontario — In port of Ontario at time of action. Jerome, 6 L. T. 203. Maritime lieu — Collusive sale to de- feat — Abuse of' process of Court, John Owen, 5 L. T. 5G5. Collision between vessel and tow — Liability of vessel having raft in tow — Onus oj proof — Liyhts of' vessels at anchor. Kate Moifatt, 15 L. J. 284. Jurisdicticu — Alaritime Court not retrospective. Marion Tellor— Clark v. Odettu, 24 L- J. 240. Salvage — Special Contract—Action by agent of owners, Maythain, 18 L. J. 287. Mortgagee intervening— Wages. M. C. Upper.— McCallum v. Odette, 7 S. C. Bep. 36. .Appeal and cross appeal — CoU'ision — Contributory negligence — Damage apportioned. Pictou, 4 S. C. Kep. 048. Anpeal luvclviny qnegtions of fact — Discretion of jud^je—The Maritime Court Act- Constitutionality — Intra vires the Parliament of Canada. Red Bird, 3 L. T. 456. Seaman's wages— M. S. Act, sec. 189 — V. Ad. Courts Act, 1863. Robb, 17 L. J. 66. Seaman's viages under £.50 — Damage for wrongful dismissal — Jurisdic- tion. Robertson v. Wigle, The St. Magnus, 15 S. C. Rep. 214. Appeal — Notice — Jtulgnienl of Su)ro- gate — Pronouncing — Entry — R. H, C. ch. 1J7, ss. 18, 19. Sir C. T. Straubuuzie, 6 L. T. 35. .Salvage agreement — Implied condition in full contracts as to tune of per- fornumce — Evidence of custom — Lex loci contractus. Contract made in foreign country to be performed in Ontario. Sir S. L. Tilley, 8 L. T. (2nd pt.) 156. Damaije to tow— Vessel taking ground — Negligence — Demurrer ore tenus. Sewell V. The British Columbia Towing and Trans. Co. 9 S. C. Rep. 527. Contract of towage — Sea damage — Liability limited _'» d: JO Vic, ch. 63( imp.);dl Vic, ch. 63, sec. U— Motion for judgment— Joinder qf d^'endant* — Unregistered vessels— The B: C. Judicature Act. Trenton, 17 L. J. 189. Jurisdiction — Sale of fore'iyn ship by Maritime Court recoynized inforeiyn Court. Exti.iyuishment of Hem — U. S, District Court (Admiralty) Detroit. Wiarton Belle, 2 L. T. 36(». Changing venue — Locality of colli- «ioH — Undertaking. r^v':"*.! %^7\T ^ INDEX TO FORMS. No. Affidavit of service ot' writ of ttunmiODs 7 " to lead warrant, general 10 " " " in a cause of restraint 11 " " " " " possession 12 " of justitication to bail bond 16 " " " " marshal's security 57 Answers to inteirogatories .... 19 Appearance 8 Appointnieut to administer oatli in any particular proceeding 23 Attachment 51 Bail bond 15 " affidavit of justification 16 Bill of sale 36 Caveat payment 46 " " notice for 45 " " " withdrawal of 47 " release 44 " " notice for 43 " warrant 42 " " notice for 41 Certificate of service to be endorsed on warrant 14 Commission of appraisement 31 " " sale 32 " " appi'aisement and sale 33 " " removal 34 " for discharge of cargo 35 " to examine witnesses 26 " return to 27 Committal, order for 52 53 Decree, minute of 60 Execution, writ of , 54 Examine, commission to 26 Examination of witness, minute on 59 orderfor 25 Filing, minute of 56 Indorsement of set-ofi" or counter-claim 9 Indorsements to be made on writ before issue 6 " of clauu 6 Interrogatories 18 " answers to 19 Interpreters oath .... 22 Interpretation, form of jurat 24 Paoe. . 46 . 47 . 47 . 48 . 49 . 64 . 50 . 46 . 51 . 61 . 49 . 49 . 57 . 60 . 59 . 60 . 59 . 59 . 59 . 58 . 48 . 54 . 55 , . 55 , . 56 , . 56 , . 52 . . 52 .. 62 , . 62 .. 65 .. 63 , . 52 ,. 65 . . 52 .. 63 .. 47 . . 44 . 45 . 50 . 50 ,. 51 .. 61 II ^r", l\\ 120 INDEX TO fORMS. No. Page. Jurat, where deponent sworn by interpretation 24 . . 51 Judgment for costs, notice to enter 39 . . 58 Marshal's or deputy marshal's security 56 . . 64 Minute of order of Court 58 . . 64 " on examination of witnesses 59 . . 65 " " decree 60 . . 65 " of filing any document 55 . . 63 Minutes in action for damages by collision 61 . . 66 Notice of tender 20 . . 51 " accepting or rejecting tender 21 . . 51 " " discontinuance 38 . . 58 " "appeal 40 .. 58 " for caveat payment 45 . . 59 " of withdrawal of caveat 47 . . 60 " for caveat release 43 , . 59 " " warrant 41 . . 58 " to enter judgment for costs 39 . . 58 " for hearing 29 . . 53 Oath, api)ointment to administer 23 . . 51 " of shorthand writer 28 . . 53 " " interpreter 22 . . 51 Order for payment 50 . . 61 " committal 52 . . 62 " examination of witnesses 25 . . 52 " inspection of ship 37 . . 58 Payment, order for 50 . . 61 Registrar's or deputy registrar's report 30 . . 63 Release 17 .. 49 Report, registrar's or deputy registrar's 30 . . 53 Return to commission to examine 27 . . 52 Schedule to registrar's report 30 . . 53 Security of marshal or deputy 56 . . 64 Shorthand writer's oath 28 . . 53 Subpcena 48 . . 60 " duces tecum 49 . . 61 Summons (see Writ) Tender, notice of 20 . . 51 " " accepting or rejecting 21 . . 51 Title of action in rem 1 . . 43 " " personavi 2 . . 43 Warrant 13 . . 48 " certificate of service of 14 . . 48 " affidavit to lead {see Affidavits) Writ of summons in rem 3 . . 43 " " " personam 4 . . 44 " " indorsements 6 . . 44 « " •• of claim 6 . . 46 " " affidavit of service of 7 . . 46 " execution, {Ji, fa.) 64 . . 63 JW>M.'«9**1W'# ft I APPENDIX OF FORMS. Pacjk. , 87 Bond for security tor costs on appeal ^g affidavit of execution g^ " " justification gy Order consolidating actions "■' Pleadings ••••■•; " action for damage by collision yj^ a statement of claim ^g «' defence _» reply action for salvage • _ yy statement of claim ^g defence ycj reply action for distribution of salvage ^g statement of claim action for mastere wages and disbursements statement of claim •t « « 30 30 30 30 31) 31 31 31 31 31 31 31 31 31 31 31 32 32 32 4 32 32 13 13 13 13 30 30 31 34 . 2,26 26 26 26 26 26 35 16 16 16 16 16 16 16 33 32 32 33 33 31 23 124 GENERAL INDEX. iU Sec. Bottomry bond 37 Hooks, entry of certificate (sec. 19 and 20) 21 " or" Hccoiint to Ijo kept by Registrar 200 " open to InHpection 201, 261 " extrncts from 201 " mode of kee|)ing minute 249 " other, to be kept in resistry 250 " Nolicitors and agents 2'>{) " entry in 67 liond, (see Bail) " for security for costs 261 < 'aigo, discharge of 175 " service on 10 Caveat, to prevent arrest 202 " " release 203 " " payment out of Court 198, 204 " if person entering not a party 205 does not prevent issue of warrant 206 " liitbility of party entering caveat release 207 " if not entered in office where writ issued 208 " expiry of 209 " witlidrawal 310 " overruling 211 application in chambers to overrule 212 CeitriticKtPS of cause oiitside of Toronto (in rem.) 19, 20 ' of decree and sale in action outside of To- ronto 20, 21 •' of arrest 47 " " service of 47 " of state of action 110 " of state of account 201 Collision statutory regulations for preventing '• (neii Preliminary Acts) " (see Jurisdiction) Commission of appraisement and swle (see Appraisement and Sale) Consolidation of actions (see Actions) Consent, in writing, an order of Court, when 18G Contempt of Court 217, 218 Copies of Examinations 101 " of documents may be obtained 252 Costs, indorsement on writ 5 " tariff may be made " to abide the event 157 " lump sum in lieu of 158 " security for 159 " party claiming excessive amount condemned in. . . 160 " tender rejected but afterwards accepted 161 " no, unless notice to admit be given, when 76 " party not admitting fact 162 " pleading at unnecessary length 163 " bill of, must be tiled 164 " appointment for taxation .... 164 " notice of taxation 164 , " taxation subject to S. C. J. Rules 165 , " " of, when either party present 160 Paok. 14 12 34 . 34, 40 34 . 40 40 42 . 19 ', 41 30 11 . 34 . 34 .33,34 34 34 . 34 . 34 . 36 . 35 35 35 12 12 16 16 24 34 92 32 35 22 40 10 2,4 29 29 29 29 29 20 29 29 30 30 30 30 30 GENERAL INDEX. 125 Htn: Costs, taxation of, review within one week 167, 168 . " who may tax 1 68 . " appeal from taxation of 168 . " of taxation 169 . " certificate of taxation 1 70 . " payment of 1 70 . " taxation of marshal's fees 180 , " in case of counter-claim 258 . " " sum in dispute " 258 . " sum in gross 269 . Counsel 1 . " motions, in court 86 . " fee on examination 114 . Counter-claim (see Pleadings) Court, principal seat at Toronto " the, a court of record " 1 . Cross Action (see Action) Damage, liability for in case of collision " extreme amount recoverable Decree, amendment of 219 . " enforcement of 220 . " eflfect of Deputy Marshal 1 . " " duties of 237 . " " substitute of 238 . " Registrar 1 , " « duties of 236 . " " absence of provided for 235 . Discovery and inspection 70 . " affidavit of (see Inspection) 71 . Documents, admission of 76 . " production 71 et " when deemed to be issued 222 . . " transmission of, (see Transmission) .138, 263, 264 . Discontinuance of action 185 . " not to prejudice other parties 185 . Evidence, Statutes of Ontario to apply to 95 . " modes of giving 96 . " on motion or hearing subject to order 97 . " cross-examination on affidavit 98 . " order in which witness may be examined 99 . " by interpretation 100 . " at hearing 102 . " to be taken in writing 115 . " to be lodged in Registry 116 . " if on commission to be transmitted to 116 . " may be filed by either party 117 . " (see Examination of Parties) Examination of witnesses before trial Ill . " " before Special Examiner or Commissioner 112 . " of parties 74 . " cross, on affidavit 98 . •' by interpretation 100 . Paok. 30 30 30 30 30 30 31 41 41 41 10 21 24 3 1 9 113 113 36 36 4 10 38 38 9 38 38 20 20 20 seq 20 36 37,41, [42 32 32 22 22 22 22 22 22 22 24 24 24 24 24 24 20 22 22 m OENERAL INDEX. It ii «« >t Ii ti t< II Examiner ti Sio. Examination, copies of 101 " viva voce, may be ordered 102 counsel fee on 114 to be taken in writing and certiBed to ... . 1 IS certified and lodged in Registry 116 to be transmitted to Registry 116 miiy be tiled by oitlier party 117 taken in sliortlumd 118 by Questicm and Answer, bow taken .... 119 efrect of certified copy 120 shorthand writer to bo sworn 121 1 has power to swear 113 Execution of warrant, and notice of 40 " enforcement of decree, Ac 220 " foim of writ of 220 " to be piepared in Registry 221 Fact, qtiestion of (see Pleadings) Fees, Tables of " disposal of Filing documents, mode of 226 " one minute sufficient for any number 227 " endorsement of certificate on 228 Formal objection 89 Forms 253 " in cases not provided for 263 Indorsement (See Writ) Inspection or disco very on oath, how obtained 70 " " affidavit of 71 " notice for 72 ' order for 73 " of property under arrest 182 Instruments to be prepared in registry 221 «• when deemed to be issued 222 " for execution to be left with Marahal &c . . . 224 Insurer or underwriter, deemed interested 28 Interpretation 1 " e.\iiiiiined by 100 Interrogatories, leave to administer C8 *' " wlien and how obtained 68 " objectionable 69 " amendment of 69 " neglect to answer 69 Judge or Surrogate " appointment of '•' oath of office of J urisdiction " seaman's wages " master's wages . " pilotage salvage towage damage bottomry 1 Paoi, 22 22 24 24 24 24 24 24 2ft 2r) 25 10 24 16 36 36 36 68 2 36 36 37 21 40 40 20 20 20 20 31 36 36 36 13 1&9 22 19 19 19 19 19 lpointment of Office hours Offices of Court, when open Officers (see Judge. Surrogate, Registrar, Deputy and Reporter) Order, effect of " varying or i-escinding " in chambers, effect of •' to advertise for sale (in action in rem. ) for payment " when money not in Court sufficient " contem))t of Court " for committal " api)lication to amend decree or order . . . Owner of property, non-resident " " whereabouts unknown Marshal arty . . Person Personam, action in Pleadings, actions heard without (I II ents 223 " expiry of on Sunday, &c 229 " when, for doing any act shall commence 230 •' may be enlarged or abridged 231 Towage (see Jurisdiction) Transmission of papers 138 « of pleadings or documents 20d " re-, of pleadings or documents 234 Trial setting down for 132 » filing notice of setting down for HI " if there has been no appearance 133 " in jiersonam |33 " in rem • • • • • }33 " if appearance entered, when action may be set down 134 " where claim to have account taken 135 " when liability admitted 135 " time and place of 136 " Judge or Surrogate may order 137 « when to be had elsewhere than where pleadings filed transmission of papers for 138 " who shall btigin at •_ • 139 ' ' when Judge or Surrogate may direct who shall begm 1 40 " order of proceeding 1*1 " Counsel If^ " -of uncontested actions ■*3 Underwi-iter or insurer, deemed interested 28 Vice Admiralty, form of pleading 64 «• « Act, (see Act) a « " (see Jurisdiction) «• " Courts Wages (see Jurisdiction) Warrant {in rem.) how issued 34 (( « what facts stated in affidavit 34 t> » issue of, though affidavit not in pre- scribed form 38 n '< Registrar or Deputy Registrar may refuse to issue 38 » << to be prepared in registry 39 «( " by whom signed 39 u «' to whom addressed 40 " " execution of 40 <« " return, filing, and certificate as to ... • 40 •« «» notice of execution of 40 (I « whom to be served by 41 Paae. 13 16 18 18 20 21 26 27 27 27 36 37 37 37 27 41 42 26 26 26 26 26 26 27 27 27 27 27 27 27 27 29 28 13 19 78 14 14 15 15 15 15 15 15 15 15 15 GENEltAL INDEX. 1»3 Sko. 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