IMAGE EVALUATION TEST TARGET (MT-3; Q.r 1.0 I.I 1.25 IIIIIM |2£ 1.8 U 111.6 |50 ™^ ^ 1^ V] e /a ^ / % .^ °% > ^#^v tS' Oj^ -y '/ ^^ fliotographic C«..lt!liL;t!!3 Corporation 33 WEST MAIN STREET WiaSTER.N.Y. i45BU (716) 472-4503 ^ ^ V N> "% V ^:% ' o^ '■"o^ 4^:^ - "fei CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian institute for Historical IVIicroreproductions / Institut Canadian de microreproductions historiques '4^ Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiqu6s ci-dessous. V~~p( Coloured covers/ 1^1 Couverture de couleur I I Covers damaged/ n Couverture cndommagde Covers restored and/or laminated/ Couverture restaurde et/ou pelllculde I I Cover title missing/ Le titre de couverture manque [~~| Coloured pages/ Pages de couleur Pages damaged/ Pages endommagdes □ Pages restored and/or laminated/ Pages restaurdes et/ou pellicul6es r~T^Pages discoloured, stair.ad or foxed/ 1^! Pages dicolor^es, tachetdes ou piqu6es I I Coloured maps/ Cartes gdographiques en couleur □ Pages detached/ Pages ddtachdes n Coloured ink (i.9. other than tilue ur black)/ Encre de couieur (i.e. autre que bieue ou noire) r~>^howthrough/ I — I Transparence □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur D Quality of print varies/ Qualitd in^gale de I'impression □ Round with other material/ Relii avec d'autres documents [~7| Tight binding may cause shadows or distortion I I along interior margin/ La re Mure serr^e peut causor de I'ombre ou de la distortion le long de la marge int^rieure □ Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout6es lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas itd filmdes. |~~>^lncludes supplementary material/ bi-J Comprend du mat6riel suppl^mentaire D Only edition available/ Seule Edition disponible r^K^Pages wholly or partially obscured by errata L-J slips, tissues, etc., have been /efilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 filmies d nouveau de fapon k obtenir la meilleure image possible. V~p( Additional comments:/ L^ Commentaires suppl^mentaires; NEWSPAPER CLIPPING GLUED TO LAST PAGE PARTIALLY OBSCURES LIST OF PULI CATIONS. This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction indiqud ci-dessous. 10X 14X 18X 22X 26X 30X V 12X 16X 20X 24X 28X n 32X Th« copy filmed hers has b««n rsproducad thanks to tha ganarosity of: L'axamplaira film* fut raproduit grica A la g^n^rositi da: Archives of Ontario Toronto Tha imagas appearing hara ara the bast quality possible consifdaring the condition and legibility of the original copy and in keeping witii the filming contract specificationa. Original eopiaa in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impras- sion, or tha back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion. and ending on the last page with a printed or illustrated impreaaion. The last recorded frame on eeeh microfiche shall contain the symbol —^(meaning "CON- TINUED '). or the symbol ▼ (meaning "END"), whichever appiiee. Archives of Ontario Toronto Lee imegea suivantee ont M reproJuites avec le plus grand soin. compta tenu de le condition at de la nattet* de I'exemplaira film*, et en conformitA avec lea conditions du contrat de filmage. Lea axempleirea origlnaux dont la couverture en papier est imprimte sont filmte on commen^^unt par la premier plat at an terminant soit par la damiAre page qui comporte une ampreinte d'impreasion ou d'illustration, salt par le second plat, seion le eas. Tous las autres axamplaires originaux sont filmte en eommen^ant par la premiere page qui comporte une ampreinte dimpression ou d'illustration et on terminent par la darniAre page qui comporte une telle empreinte. Un dee symboles suivants apparaitra sur la damiAre image de cheque microfiche, salon le eae: le symbole — »• signifie "A SUIVRE". le symbols V signifie "FIN". Mapa. platea. charts, etc.. may be filmed at different reduction ratioa. Thoae too large to be entirely included in one expoeure are filmed beginning in the upper left hand comer, left to right and top to bottom, aa many framee aa required. The following diagrama illustrate the method: Lea cartea, planches, tableaux, etc.. peuvent dtre fiimte A dee taux de rMuction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film* A partir de i'angle supArieur gauche, de gauche k droite. et de heut en baa, en prenant le nombre d'Images nicessaire. Las diagrammea suivants iliustrent la m^thoda. 1 2 3 4 5 6 ^5^anai5a reports H«iBff Pnrohased itm Mr. B0W3BLL his entire stock and .gK?e5u*cln of the Upper Canada Reports pr.oo thei*w Society's issue which began m '867, and hav ng re^rS at laJge expense thirty volu:nes. full se.s of the Reports of Ontario can now be supplied. The Entire Publistied Collection of Reports from the establishment , of the Courts to i867.arecomprisediaseventyvolumes.nowoffered ^^ bound in half calf at Separate voluu.es can be had at *6 each. The Law Society began publishing in 1867. They have recently increased the price two dollars each volume, so that t^ieir volumes are now sold in half calf at five dollars each. 1867 to 1878, forty- ^^^ ^ four volumes, half calf • The Following Series of the Reports prior to 1867. are offered at the reduced prices affixed. Taylor, Draper, and Queen's Bench, ^ Old Series, together eight volumes. ..•• « Queen's Bench Reports, (to 1867) .5 vols. 138 00 T-il^oo •• " 16 vols.. 8800 Common Pleas 12 vols.. 65 00 Chancery Eppop and Appeal, 3 vols \ \ Y 38 00 ppactice, 3 vols • Chancepy Chambers, i vol. Chambep RepoPts, 2 vols.. 12 mo R. CARSWELL, LAW PUBLISHER. Tprcuto, March, 1878. , J - .?- IV! P( Priht] :| GENERAL RULES •/' " ."V"! OF THB All MARITIME COURT ov WITH FORMS AND TARIFF OF COSTS AND FEES. OTTAWA: Primtbd by MACLEAN, ROGER & Co. Wbllington Swi 1878. . , Q1 K.^ ii >tA i^ y AE0Hivs;r5 \sng \1 " ^■V "..ii-""i^, ...fP .„• ^^ •% * DOMINION OF CANADA. Provixce op Oxtario. General Rules of the Maritime Court of Ontario with forms and tariff of costs and fees. In pursuance of '< The Maritime Jurisdiction Act^ 1877," and with the approval of the Governor in Coun- cil I, Kenneth Mackenzie, Judge of the Maritime Court of Ontario; do hereby make the following general rules. I Interpretation. 1. In these rules, and all rules to be passed here- after, the following words shall have the meanings hereby assigned to them, besides their ordinary meanings, unless there be something in the subject- matter or context repugnant to such construction^ viz : — (1.) Words importmg the singular number shall include the plural, and words importing the plural number shall include the singular. (2.) Words importing the masculine gender shall include females, and shall apply to bodies corporate as well as to individuals. \ (3.) "The Act" shall mean "The Maritime Juris- diction Act, 1877." (4.) " The Court " shall mean " The Maritime Court of Ontario." (5.) "The Judge" shall mean the Judge of the said Court for the tune being, or other person lawfully authorized to discharge the duties of the Judge. 11 *2 A} rr T (6.) « Surrogate Judge^;;^^l7ea^^^^^^ chtrge the duties oHhe Surrogate Judge. n 1 « The Registrar " shall mean the Registrar of thl aid C^urt for the time being- or other^^erson lawfully authorized to discharge the duties oi the Registrar. authorized to discharge the duties of the Peputy Registrar. r9^ "Marshal" shall mean the Marshal of the Oot^t ioTL tune being or other person ^^^^^^^^ authorized to discharge the duties of the Marshal. CIO ^ "Deputy Marshal" shallmean a Deputy Marshal • ^;*2+J;i hv 4e Governor in Council, at the city, t^or pUcf whe^^^^^^^ Judge shall have Snappo&orotherpersonlawM^^^ dLcharge the duties of the Deputy Marshal. (in "Examiner" shall mean an Examiner ap- pointed under the Act by the Governor m Council. (12.) « Counsel " shall mean and i^cjude any Barrister or Advocate entitled to plead m the Court. (13 ^ " Proctor " shall mean and include any Attorney Solicitor or Proctor entitled to practice m 4e s^d^Co^^^^^^^ party himself if conducting his cause in person. (14.) "Party " or " Person " shall include a corpor- rtfliar nnVilift bodv^. 5. ^4-: r\^rk r\in T •mw K. irrogate 1 under I to dis- Lstrar of person iities of Deputy )uncil, at dge shall lawfully e Deputy tl of the L lawfully Eirshal. y Marshal the city, hall have ihorized to □ainer ap- Council. (15.) " Oath " " Affidavit " and " Swear " shall respectively include affirmation, declaration, affirm and declare, in the case of persons allowed by law to affirm and declare instead of swearing. (16.) " Month " shall mean a calendar month. II Short Title. 2. In referring to these Rules it shall be a sufficient designation to use the expression " The MarfUpie Court Rules, 1877." ' III Institution of Cause. 3. A plaintiff desiring to institute a cause shall file with the Registrar or Deputy Registrar a petition adressed " Unto the Maritime Court of Ontario," and thereupon the cause shall be entered by the Regis- trar or Deputy Registrar in a book to be kept by him, called " The Cause Book." 4. Causes shall be numbered in the order in which they are instituted, and the number of the cause shall be written by the Registrar or Deputy Regis- \ trar on all papers filed with him in the cause. 5. Such petition must contain. 4..- lude any the Court. jlude any practice in iucting his le a corpor- (1.) The name and description of each party [plaintiff. (2.) The name of each party defendant, if the [cause be in personam. (3) The name and nature of the property proceeded [against if the cause be in rem, (4.) A statement of the plaintiflf's case in clear and {concise language. iil 6 /s ^ A graver for tlio specific relief to which the p,^^\i^'«p%'Hi-elfU^^^^^^ a prayer for general relief may be added. TV ^Proctors and parties acting in person, and service on them respectively, A TTnon everv writ sued out and upon every peti- ness of the principal proctor. 7 ill writs ^leadings, notices, orders, warrants Jd o^her docuLeX Ind written communications tSd"«W-e personal service upon the party to be affected thereby, may be served upon his proc tor or upon the agent of such proctor namea in ine proctor and agent! book provided for by ru « 273 'ind C,t in the office of the Registrar or DfP"*? «*.^^ t^r wFth whom the petition in the case is filed. And iftnv such proctor neglect to cause the name of his /o-tnt to be specified il such book, the posting up a Xy of any such writ, pleading, notice, order wa.^ ?ant or other document or written coimnumcation for the p^ctor so neglecting as aforesaid, in the office of the Itegistrar or Deputy Registrar, as the case may he, is to be deemed sufficient service. 8 Every party suing or defending in person is to causeto be endorsed or written ^Vonev^J^ ^Wch he sues out, and upon every pet'^^ni ,f '»^. rev, answer oroth^r pleading or proceeding, lus name »nd place of residence and also (when his place ot le- SdttTs mJre than three miles from *« office whe^ such pleading or other proceeding is filed) anotnei propefXe to be called his address for service, not P'TthKree miles from the said office, where [lich the ayer for d serHce ery peti- proceed- nrm and by whom jading or lien such e further ;o of busi- warrants Linications the party I his proc- tted in the lie 273 and uty Regis- filed. And tme of his jfeting up a ►rder, war- nunication n the oifice e case may person is to every writ on, demur- ig, his name place of re- office where ed) another service, not ffice, where writs, notices, orders, warrants and other gate Judge» a summons Judge, but e Judge m to another ided for by m hotice of irty. . le suit may le after the ys between day named }8 the Judge to the con- L two clear fc^ ^^^ 'i^'^u'^^y' ^" ^^^"^*» t^io offices are sZlrr^f ^ be reckoned. If the Judge or Surrogate Judge do not attend to hoar the motion at the time named in the notice the application may be made at the first tinie thereafter that he sits in motion!' ^'^^'^'^''^ ^^*^^^"^ «^^"^« a new notice of 18. Motions may b3 made to the Judge or Surro- gate Judge either in Court or in ChambeFs. 19. All the affidavits upon which a notice of mo- tion is founded must be filed before the service of the notice of motion J and affidavits in answer r^ust be fied not later than the day before that appointed for the hearmg of the motion. »*ppumiea .^^\^^ '"''^'T '^^" ^^ "'^^^ *« *he Judge in Court , save by counsel or by a party conducting his oX boHnn K V^'S' T^^i'"*^^'^ ™^y b^ heard on a^ Imotion before the Judge in Chambers. ^ ^i,fVn.^^^u^^*i''^x?^'"^*^^" ^^y b® transferred from Tudg?rXeo t*^ ^""^ "=* '"• "»■- -"-^ - *h" rJf ^ T*'".® °^ motion to set aside any prooeedine &&?" "^' ^P^°''^ "'^'"'y the^i^regularU^ VI — Sittings of Court. keffswl? hl"fi°^'/*f *^°"';* ^""^ ''"'ng' in Cham- |ers shall be fixed and regulated by the Judge or -trationllf jSuee "'' "'""'^'''^ '"■"^^ ^"« '''^'^- YlL^Service of Petitions. srtilied as a true copy by the Registrar or Denutv •■ -I 5 il 10 Begistvar with whom the same ^s fiM the date^of £*tr4^^^^ctSe ^^:lLof .hall be impressed the s'eaJ of the Court. 25. When the cause ji» "t, ^^to be'le'r?ed"a rt?:e^TrXr.^'CNrUn the schedule A ''^'Cwhen the cause is i» personam, to the effect of For Jno. 2 in such Schedule. 26. When the cause is^n;--^^^^^^^^ ^..'tXZ't^A^^ n^ain mast or purpose of P.>-°«««'i'"f J^^o " of t^« ?««*'<«» *° ^ Freight due t>ier^°) ^ „n paJt of the goods or left Sle p^evs^fn^wiore Ltual custody the goods may be. iT^.^-.^^rhrsreiirtt:--"-^^^^^ c^ iti^: rilfp^raS^i^fr^aftfe COTirt of Admiralty in England. be entrusted for service. 29. In a cause in !>- ^ JecWd ^hHXor l^t dispense with the service altogether. 30. When a party is ^^-gj-^.^j^Xutelth"'?, e date of i on such impressed all be en- e served a jchedule A the effect lip is or the of petition in mast or ther for the ods or the stition to be )ods or lefti r the goods s in rem the aanner as a r proceeded force at the' . of the High : the petition he same may sonal service LidgeorSurro of service, oi se of damage^ ,uted, the ser may be mad( 11 upon the proctor of the party suing in the original causC; and such service shall be sufficient. 31. Service of a petition upon a corporation ggregate is to be effected by personal service of the opy thereof upon the president, manager, or other ead officer, or the cashier, treasurer or secretary at ae head office, or a(; any branch or agency in Ontario, r on any other per»on discharging the like duties. 32. The service of a petition is to be of no validity not made within twelve weeks after the filing of the )et:tion. 33. The service of an amended petition upon a )arty lidded by amendment, is to be of no validity if lot made within twelve weeks after the amendment. 34. Service may be allowed when made after the jriods above limited, upon its being made to appear the satisfaction of the Judge or Surrogate Judge lat due diligence has been used in effecting service. [35. In case the application for the allowance of the pvice is made within three weeks after the service, le order need not be served, but the defendant Jto have two weeks to answer beyond the time lowed in that behalf. J6. In case the application is not made within four bks after the service of the petition the order for )wance of the service may be made on such terms |the Judge or Surrogate Judge sees fit. (7. Affidavits of the service ofthe copy of a petition to state where, when and how such service was jcted, but no copy of the petition is to be annexed, fhe affidavit is to stat^ wJiat endorsements were m the copy so served and must set out such lorsements in full. 12 'it' ^1 1 .;f i l.;f m M I! VIII Pleadings. "; 38 The mode of pleading in the Court and the eflPect of the pleadings shall, subject to the provisions of these rules, be as far as applicable similar to the mode of pleading now in force, and the effect of pleadings in a suit in the Court of Chancery at Toronto and the powers of the Court or the Judge or Surrogate Judge in respect of pleadings arid their effect shall, so far as applicable, be the same as the powers of the said Court of Chancery or a Judge The first pleading shall be called the petitibn, the second the answer or demurrer, and the third the replication. 39. The signature of counsel or proctor to pleadings is unnecessary. 40. All defences are to be presented to the Court by demurrer or answer or both according to circum- stances. 41. All the pleadings in a cause must be filed at the same office. IX Warrants, i 42. If the cause is in rem the plaintiff may, on filing an affidavit (and if necessary the other papers in rules 44 and 45 mentioned), take out a warrant for the arrest of the property proceeded against. 43. The affidavit shall be made by a person having a knowledge of the facts, and shall set forth the name and description of each party plaintiff, the name and nature of the property proceeded against, the nature and amount of the claim and that it has not been satisfied. 44. In a cause of necessaries and in a cause of wages the national character of the vessel proceeded against shall be stated in the affidavit, and in a wages 1 i and the provisions iiar to the 3 effect of lancery at le Judge or aiid their ame as the r a Judge jtitibn, the 3 third the o pleadings I the Court to circum- tlsfl filed at the ay, on filing lers in rules ant for the [•son having forth the aintiff, the ed against, that it has a cause of I proceeded d in a wages jase against a foreign vessel notice of the institution )f the cause shall be given to the Consul of the State which the vessel belongs, if there be one resident ^ither in Toronto or in the place where the petition filed, and a copy of the notice with proof of service lereof shall be filed with the afiidavit. 45. In a cause of bottomry, the original bottomry )nd, and if in a foreign languaf;e a correct translation lereof, shall be produced for the inspection and jrusal of the Registrar, and a copy of the bond or the translation thereof certified by some competent ierson to be correct shall be filed with the affidavit. 46. The Registrar or Deputy Registrar, as the case lay be, may issue the warrant which may be in the )rm No. 3 of Schedule A to these rules, and he may jsue it although the affidavit may not contain all the jquired particulars. In a wages cause he may also waive the service of ie notice, and in a caus6 of bottomry the production the bond. H7. The warrant shall be addressed to the Marshal |id to all Deputy Marshals of the Court and shall delivered to such of them as the Registrar or ^puty Registrar may, with a view of saving expense,. r^i best, and shall be executed by him or his sub- butes, and a copy of the petition shall be served [the same time. Immediately after execution the [•rant shall be returned by the Marshal or Deputy rshal and filed with the Registrar or Deputy ^istrar who issued the same, and notice of the jcution thereof shall be given by the Marshal or )uty Marshal to the proctor who issued same. In a cause of restraint and in a cause of posses- i, the warrant shall be issued by the Registrar or )uty Registrar, as t'l? case may be, without an ler, upon an amdavit, made by a person having a )wledge of the facts, being filed verifying all ^terial allegations in the petition. 14 49. When a ship is, or a ship and cargo are to be; arrested, a copy of the warrant is to be affixed on the main mast or some conspicuous part of the vessel, and when goods only are to be arrested (either for the purpose of proceeding against such goods or the freight due thereon) a copy of the warrant is to be J affixed on part of the goods or left with any person in whose actual custody the goods may be. In all other cases the warrant is to be served according to the practice in force at the time of its abolition in the instance side of the High Court of Admiralty in England. 50. Whenever the property to be arrested is at a distance from the Marshal or any Deputy Marshal, the Registrar or Deputy Registrar may, with the view of saving expense, address the warrant to some literate person in the neighborhood of the property, in which case such person shall with respect to the warrants 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. 51. The Registrar or Deputy Registrar shall wher- ever a warrant is addressed to a person other than the Marshal or Deputy Marshal give to such person all necessary instructions as to the execution thereof. X Detainers. 52. A proctor desiring to detain any property^ which he has reason to believe will be removed out of the jurisdiction of the Court before the warrant can be served may, with the warrant, take out at his i party's expense, a detainer j such detainer may be | served by the proctor or any person entrusted with : the service thereof and shall not continue in forced for more than six days from the date thereof exclu- ^ sive of the day of such date, nor after the service of | the warrant. A detainer shall be in the form No. 4^ of Schedule A hereto or to the like effect. 15 II. Two or more causes against the same property* 53. When the property is under arrest of the ^ourt, if there be a second or subsequent cause ^gainst the same property, it shall not be necessary p take out a warrant for the further arrest thereof^ ^ut if in such second or subsequent cause such squirements as would have entitled the plaintiff to warrant had the property not been under arrest be implied with, the property shall be held as under prest in such second or subsequent cause also, and le Registrar, or Deputy Registrar as the case may be, [hall issue his certificate to that effect, and an office 3opy of such certificate shall be annexed to and served with the copy of the petition to be served. 54. If when any property is under arrest of the )ourt, there be another cause against the same pro- >erty which has been commenced in another office, shall not be necessary to take out a warrant for Ihe fui-'ther arrest thereof, but if in such other cause |uch requirements as would have entitled the plain tiff a warrant had the property not been under arrest >e complied with, the Registrar or Deputy Registrar,. the case may be, shall issue his certificate to that )ffect, which certificate shall be filed with the Regis- par or Deputy Registrar who issued the warrant inder which the property has been arrested, and lereupon the property shall be held as under arrest such other cause and shall only be released upon fhe certificate of the Registrar or Deputy Registrar rith whom the other cause has been instituted to the Effect that the party seek*? ^ the release is entitled lereto. An office copy oi tne first mentioned certi- Icate shall be annexed to and served vath the copy )f the petition to be served in sucli other cause. If bail is to be given in such other cause the pro- ceedings relating thereto are to be taken in the office )f the Registrar or Deputy Registrar with whom the 5ause is instituted. & iJ ^ m -~d- f"»(m.*fi-ti.^¥m -•-.IWWiltto J. '*■*«■«*>*-„-,. J, ^9* ^ 16 XII Causes in rem by default ' 55. If after the expiration of fourteen days from the service of the petition an answer thereto be not filed or tune to answer given the Judge or Surrogate Judge may on the plaintiff's application order a notice of the cause and iucended sale to be advertized by him in such public journals and for such time as the Judge or Surrogate Judge may direct. 56. After the expiration of six days from the adver- tisement of such notice as directed if no answer has been filed or time to answer given the Judge or Sur- rogate Judge may, on the plaintiff's application and on being satisfied that his claim is weF founded, order the property to be sold and the proceeds to be paid into the Registry. 57. If there be two or more causes by default pend- ing against the same property, whether in the same office or not, it shall not be necessary to advertize a notice of the cause and intended sale in more than one of the causes ; but if the plaintiff in the cause m which the property is held under arrest do not withm twenty days after service of his petition take out an order for and advertize such notice the Judge or Sur- rogate Judge may allow the plaintiff in another cause to advertize the notice if he shall have received from the Registrar or Deputy Registrar a certificate under rule 53 or rule 54. 58. Within six davs from the time when the proceeds have been paid into the Registry the Plain- tiff in each case shall have his cause placed on the list for hearing. 59. Upon the hearing of the cause such decree is to be made as the Court thinks just. 60. Any person who would have been entitled to intervene and defend the cause is at liberty to appear at the hearing of the cause, and if he waives an s from be not rrogate ]> notice ized by as the e adver- wer has or Sur- 1 and on i, order be paid It pend- tie same rertize a ore than cause in >t within e out an e or Sur- ler cause ired from te under hen the tie Plain- 1 on the iecree is titled to to appear vaives aii vt obiections to the previous proceedings but not otCse he may be\eard to argue the ca^e upon the merits as stated in the petition. XIII Causes of Possession by Default 61 If after the expiration of fourteen days from the service of the petition an answer thereto be not filed or time to answer given, the Judge or a Surro- gate Judge may, on the PlaintiflPs application, order a iotke of tiie proceedings to be advertized by hun m guch public journals and for such time as the Judge may direct. 62. After the expiration of six days from the advertisement of such notice as directed, it no answer has been filed or time to answer given, the Plaintiff shall file with the Registrar or ^eputy Eegistrar as the case may be an affidavit ol the clue advertisement of the notice and shall have the cause placed on the list for hearing. 63 If when the cause comes before the Judge or ^ Surrogate Judge, he is satisfied that the claim is well founded he may pronounce iw the same ana decree possession of the vessel accordingly. XIV Causes in personam in default. 64. In causes in Personam where the defendant xjfter the expiration of twenty-one days from the service of the petition has neglected to answer or demur, the plaintiff may within three months file with the Registrar or Deputy Rej^trar with whom the petition has been filed the affidavit of service of the petition and a pradpe reqwring the Registrar or Deputy Registrar to note that the detendant ib m demult for wanted an answer and that the petition is to be tftkefa pro eoibfesso against him. 65. If the defendant is iir defeailt for want of answer th^ Registrar or Deputy Bd^tJar, as the case I ■U 18 may be, is to enter a note in the proper book as required by the prcecipe and the entry is to have the same effect so far as applicable as the entry by the Clerk of Eecords ana writs of the Court of Chancery ^tZT^?''^^ ??*\^^^'l *he Eegistry of pleadings, that a defendant is in default for want of answer to a bill of complaint. 66. If all the defendants have been so noted in de- fault for want of answer the plaintiff may, within three months from the entry of the last note, have his case placed on the list for hearing. 67. Upon the hearing of the cause such decree is to be made as the Court thinks just. 68. ;A defendant who has been so noted in default IS at liberty to appear at the hearing of the cause and It he waives all objections to the previous proceedings he may be heard to argue the case upon the merits, as stated m the petition. XV — Bail 69. If bail is to be given the bond may be in the form number 5 of schedule A hereto. Such bond may be excuted in the presence of one witness who must make an affidavit verifvinir the execution, the sureties must justify by affidavit: *iJJ^' ^1"^^^%^^^"^ ^®'^S so executed it may with the affidavits of execution and justification be filed with the Registrar or Deputy Registrar, as the cage may be, and an appointment may be obtained for its consideration before him. Twenty-four hours^ notice of such appointment, to- gether with the names and addresses of the sureties and the amount of the bond, shall be given, to the plam tiff unless the Judge or Surrogate Judge for spe- cial reasons aUow a shorter notice to be mven. and ^J^Z '^*'^* ""^ *^® appointment the Registrar or J^eputy Registrar may hear the parties and any evi- aence tncy may adduce rAcrardinif fii*. a«ffl«;«J^ i- •■^ 1 per book as J to have the mtry by the of Chancery of pleadings, >f answer to noted in de- within three lave his case 3h decree is iin default le cause and proceedings L the merits. y be in the mce of one srifying the idavit. t may with ion be filed as the case ined for its ntment, to- he sureties yen, to the ige for spe- given, and Registrar or ad any evi- 1» L sureties and may allow ov disallow the ^'ond. He nav "uliourn the appointment from time to time it TM necessary,Vnd shall Wmff make such en- quiries respecting the sureties aa he thinks fat. XVI Releases. I 71 Property arrested by warrant shall only o® released under the authority of a written mstrument Tn Z fom No. 6 of Schedule A hereto, or to the like ^ect ducted to the Marshal or Deputy Marshal fs^uei by the Registrar or Deputy Registrar as the case may be. 72 A nroctor at whose instance any property has been arrested may at any time obtain the release thereof by filing Jprtecipe to withdraw the warrant. 73 A proctor may obtain the release of any pro- perty by'paying into Court the sum lu which tie cause has been instituted. •74. Cargo arrested for freight only may be released upon mini an affidavit as to the value of the freight Sd upon paying the amount of the freight into Court. 75. In a cause of salvage the value of the property under arrest shall be agreed upon or an affidavit ot value filed before the property is released. 76 A proctor who shall have filed a bail bond in theiumm which the cause has been instituted (or such kss smn as the Judge or Surix,gate Judge may have ordered) which bail bond has been duly allowed under rule 70 or who has paid such sum into Court, . and if the cause be oi^ of salvage shall have also filed Z affidavit as to the v«xue of tf e property arrested, ehall be entitled to a relea^je of the sam« from the arrest in the cause unless a caveat against the release thereof has been filed and is still m force. ^ 20 XI ^^;*-'^^^? release when obtained sliall be left with the Marshal or Deputy Marshal, as the case may be , by the proctor taking out the same who shall also at the saine time pay all costs, charges and expenses attendmg the care and custody of the property whilst under arrest, and the Marshal shall thereupon release the property from the arrest in that cause. 78. A person in a cause desiring to prevent the release of any property under arrest may file with the Registrar or Deputy Registrar who issued the warrant of arrest Q,prcecipe in that behalf, and there- upon a caveat against the release shall be entered in the cause book in each cause in which the property IS held under arrest. x- x j 79. A partj delaying the release of any property by the entry of a caveat shall be liable to be con- demned in costs and damages unless he shall shew to the satisfaction of the Judge or Surrogate Judge ^ood and sufficient reason for having so done '''M XVII — Caveat against Warrant -3 80. A party desiring to prevent the arrest of any property may cause a caveat against the issue of a warrant for the arrest thereof to be entered by the Registrar or any :Deputy Registrar in a book to be icept called the " Caveat Warrant Book." 81. For this purpose he shall cause to be filed an undertaking m the form No. 7 of Schedule A hereto or to the like effect, signed by himself or his proctdr undertakmg to give bail in any cause which may be instituted against the said property in a simi tidt exceeding an amount to be stated hi the undertaking or to pay mich sum into Court, and a caveat 9&am, the issue of a warrant for the arrest of the pron^ shaU thereupon be entered in the Caveat warrattt be left with case may be, » shall also at ind expenses •operty whilst eupon release ise. prevent the nay file with o issued the Afj and therer- )e entered in the property my property e to be con- e shall shew •ogate Judge done. mt, arrest of any le issue of a tered by the •> book to be >7 > be filed an lie A hereto r his proctdr liich may be a simi tiot mdertaldng, .veat agaunrt he prop^i'ty eat warrattt 21 «2 Within three days from the service of the ^^tition upon the party on whose behalf the caveat has been entered or on his proctor such party shall, [f the sum in which the cause is instituted does not 'xceed the amount for which he has undertaken, give bail in such sum or pay the same mto Court. 83 After the expiration of twelve days from the iservice of the petition, if the party on whose behalf Pthe caveat has been entered, shall not have given bail in such sum, or paid the same mto Court, the lilaintiffmav proceed as if the cause were in personam 'Srnst s'chVrty and as if he had been noted in default for want of answer, and may, thereupon, have the cause placed on the list for hearing pro conjesso. 84 Upon the hearing of the cause such decree is to be made as the Court thinks just. And such decree may be enforced in the usual manner a-ainst the party on whose behalf the caveat has been i entered and by the arrest of the property it it then be or thereafter come withm the jurisdiction ot the I Court. 85. The preceding rule shall not prevent a proctor from taking out a warrant for the arrest ot any property notwithstanding the entry ot a caveat m the caveat warrant book, but if after a caveat hag been entered, the property be arrested by warrant issued from the office wherein a caveat is entered, or in case the caveat has been entered in another otface, then if the property be arrested after notice ot tne entry of such caveat has been given to the party or his proctor, then the party at whose instance the property has been arrested shall be liable to t>e con- demned in costs and damages, unless he show to the satisfaction of the Judge or Surrogate Judge, good and sutficient reason for having so done. 86. If the caveat has not been entered in the office r,r\.^r.^ fiio r>A+.it.lnn IS filftd. tlie Ke^jjistrar oi- any Deputy Registrar wnth whom a caveat has been 22 -entered, shall on the plaintiffs application transmit to the Registrar or Deputy Registrar with whom the petition 18 filed, a certified copy of the undertaking upon which the caveat was entered. H^ XVIII. — Caveats. 87. A caveat whether against the issue of a warrant, the release of property or the payment of money out of the Registry, shall not remain in force for more than six months from the date thereof. 88. A caveat may be withdrawn by the party in whose behalf it has been entered, or by his proctor but the praecipe to lead the withdrawal shall be signed by the party himself or by his proctor per- sonally. *^ 89. Application may be made in Chambers to overrule any cave^^t. XIX — Amending Petitions, 90. Any time before answer or demurrer the peti- tion may be amended without ortiei* a^ the plaintiff may be advised, and as often as re«^nii'oa. .t any ume before replication is filed, and within tour weeks after the answer or the last of several answers is filed the petition may be once amended without order as tho plamtiff may be advised. TU? petition may be amended without order at any i!V. tr the purpose of rectifying clerical errors in riaiii*?s, dates or sums only. 91. Except in cases provided for by the last pre- <;eding order, the petition is not to be amended with- out the order of the Judge or Surrogate Judge. ^92. Where the proposed amendment to the peti- tion in any one place therein exceeds three tblios of one hundred words each, the Registrar or Deputy tion transmit th whom the undertaking of a warrant, >f money out •ce for more the party in his proctor, val snail be proctor per- hambers to er the peti- *^ie plaintiff \t any ume • weeks after i is filed the order as tho order at any al errors in e last pre- ended with- udge. bo the peti- ree toHos of or Deputy 23 grossed and filed. OS When the petition is amonderl a Hi«t *'")^"{f 9 J. ""•'"^^"'^ .I , „a,ie or shown in red ink. .mendments shall "« w^^'*',!^,^ the amendments When '^«"^'*', V« mXor shown in blue ink, when ''''" r^ mtf tlmn wtce the mnendments shall he amended moie imin tvv I Retristrar or made or shown m such .^^nT wirsuffioientW distin- DeDutv Kegstrarmay thmk ^Mll «"^^^7"'J' guRein from the previous amendments. XX.- Snyplemeniary Staiemen in. QA Whf^re a plaintiff desires to state or rnit in issue 0^ Tf the cause is not in such a state as to allow of or printed to be annexed to the petition. Qfi Mo such statement is to be filed unless accom- copy of the statement. 97. Proceedings by way of answer and o*emis^ are to be had an^ taken on the statement 3° « f ^ tfthe same were embodied in a Petition but *e • TudiEe or Surrogate Judge may make an> oraer wm^ii t tfiX fit fof accelerlting.the prooeedmgs^ here- under in any manner that is just ana ^ra^u*^— 1 IK K < |H| ; 1 1 1 i .i8l 1 imm iwm F-l 24 XXI — Time for Demurring or Answering. 98. In a cause in personam a defendant who ha« been served with a copy of the petition is to demur or answer an original petition, or petition amended before answer within twenty-one days after the ser- vice of the copy of the original or amended petition, as the case may be. ' 99. When a plaintiff amends his petition after ^?^-"^!?ip, ^ <^f.f^n^«nt or his proctor shall, on the plaintiff s application, give up his copy cif the petition to be amended, and a defendant desiring to answer the petition as amended is to put in his answer there- amlnded ^^^^^ ^^*^^^ service of the petitio-. as- XXII. — Demurrers. 100- In a cause in rem any person entitled to inter- vene and defend the cause may demur to the petition at any time before the cause is entered on tlie hst lor hearing, and m a cause in personam a defendant may demur to the petition at any time within twenty- one days after service thereof upon him. c l^^i f clemurrer shall be in the form Ko. 8 of Sof! • ?/ ^^"^^"^ ^' *^ *^^^ ^^^^^ ^ff^^t, and shall state m the margin at least one substantial matter of lawmtended to be argued. In case a demurrer be allowed on any ground not so stated, the Court mav de^uner^ ^^''^^ demurring to pay the costs of the 102 Upon a demurrer being filed it shall be set down for argument before the Judge or Surrogate Judge upon a. precipe in that behalf being filed vvith the Registrar or Deputy Registrar, as the ctse maybe, a day for the nearing of the demurrer having first been appointed by the Judge or Surrogate Judge. 25 swering. :lant who has is to demur ;ion amended ^fter the ser- ided petition^ petition after shall, on the 3f the petition ng to answer answer there - e petitio^: as^ itled to inter- the petition 1 on tlie list a defendant dthin twenty- -m No, 8 of 3t, and shall tial matter of demurrer be le Court may costs of the shall be set ^r Surrogate fig filed with Gi^se may be, ing first been III- p. 103. Where a demurrer is not set down for argu- ixent by the plaintiff or the plaintiff does not obtain teave from the Judge or Surrogate Judge to amend ithin eight days after notice of filing the demurrer s served, the Defendant may set same down and erve notipe thereof. XXIII — Answers. 104. Answers may be in a form similar to the JbrmNo. 9 of Schedule A hereto, and need not be I verified by the oath of the defendant. 105. The silence of the answer as to any statement I of the petition is not to be construed into an implied I admission of its truth. Any allegation introduced into an answer foi I the purpose of preventing such implied admission is to be considered impertinent. 106. A defendant is to admit in his answer such of Ithe allegations contained in the plaintiff's petition as lare to the knowledge of such defendant true, or as ^ Ke can readily ascertain to be true, or as he has reason Ito believe and does believe to be true, and it shall Ibe sufficient if such admissions are expressed to be I only for the purposes of the suit in which the same tare made. I 107. Admissions are in all cases where it is practi- I cable to be by reference to the numbers of the para i graphs in the petition to which they relate, with such I qualifications as may be necessary or proper for pix)- I tecting the interests of the party making such admis- t sions, and it shall i )t be necessary or proper in any I answer to allege ignorance of any fact stated in the ■; petition or answer, or any other reason for not ^- admitting any fact therein alleged. 108. The Judge or Surrogate Judge may permit a •' supplemental answer to be filed at any period of the .,-.,4- +V-.M 4-Via. t-vnr.r\/-»fjrk /~»f t-kiiffino' npw mn.ft.fiV in issue ;u.xv i%^-i t'iiv. ^-vii jj-.-i^v.- vi ^-•.t-.'v...Q ..\-,. 20 fil i I in furtherance of justice and upon such terms as may seem proper. XXIV. — Replication. — Joining issue, 109. One replication only is to be filed in a cause unless the Judge or Surrogate Judge orders other- wise. It is to be in the form set forth in form number 10 Schedule A hereto, or as near thereto as circumstances admit and require, and upon the filing of the replication the cause is to be deemed at issue. 110. A plaintiff is to admit in his replication such facts alleged by the answer as are to the knowledge of the plaintiff true, or as he can readily ascertain to be true, or as he has reason to believe and doth believe to be true. And it shall be sufficient if such admissions are expressed to be only for the purposes of the suit in which the same are made. 111. Admissions are in all cases where it it pactic- able to be by reference to the numbers of the para- graphs in the answer to which they relate, with such qualifications as may be necessary or proper for protecting the interest of the party making the admissions, and it shall not be necessary or proper to allege ignorance of any fact stated in the answer, or any other reason for not admitting any fact therein a.lleged. 112. Where the plaintiff has not amended his petition, he is either to file his replication or have the cause entered on the list tor hearing on petition and answer within one month after the filing of the last answer. 113. Where the plaintiff amends his petition and no answer is put in thereto, and no notice of an application for further time to answer is served within seven days after service of the petition as amended, the plaintiff after the expiration of such seven days but within fourteen days from the time of h terms as may g issue, filed in a cause e orders other- I forth in form near thereto as upon the filing eemed at issue. eplication such the knowledge ily ascertain to lieve and doth ufficient if such 3r the purposes le. ere it it pactic- rs of the para- late, with such or proper for ■>Y making the iry or proper to in the answer, any fact therein amended his iication or have ing on petition le filing of the is petition and o notice of an 3wer is served the petition as )iration of such iVom the time of 2n [the service of the amended petition is either to file his replication or have the cause entered on the hst for hearing upon petition and answer. I 114 Where the plaintiff amends his petition after answer, and a defendant within seven days after the I service of the petition as amended serves notice of an application for further time to answer the aInen(^ ^ ments, but such application is refused, the plamtiff is within fourteen days after such refusal either to file his replication or have the cause entered on tne list for hearing on petition and answer. 115 Where a defendant puts in an answer to amendments the plaintiff must either tile his replica- tion or have the cause entered on the hst for hearing on petition and answer within fourteen days after the filing of such answer, unless he obtain in the mean- time an order for leave to amend the petition. XXV. Written proceedings generally, 116. Pleadings and all other proceedings in a cause may be written or printed or partly written and partly printed, and where wholly printed, dates and sums occurring therein are to be expressed by figures instead of words. 117. All pleadings or other proceedings are to be written or printed neatly and legibly on good paper, of the size and form in use in the Court of Chancery at Toronto ; and if printed, they are to be printed with pica type leaded, the Proctor is not to be entitled to the costs of any pleading or the proceeding which is not in conformity with this rule, and the Registrar ^nd Deputy Registrar is to refuse to file the same. 118. Every petition and answer filed, and every affidavit to be used in any cause or matter is to be divided into paragraphs, and every paragraph is to -i^e numberpri cnnsp.cutivelv and as nearly as may be is to be confined to a distinct portion of the subject. 28 No costs are to be allowed for any petition, answer or affidavit, or part of any petition, answer or afl&davit substantially violating this rule, nor shall any affidavit violating this rule be used in support of or opposition to any motion without the express permission of the Court. 119. If upon the hearing of a cause or matter the Judge or Surrogate Judge is of opinion that any plead- ing, petition or affidavit, or any part of such pleading or affidavit is scandalous, he may order such pleading or affidavit to be taken off the file or' may direct the scandalous matter to be expunged, and is to give such directions as to costs as he may think right. 120. A motion to have any pleading or affidavit taken off the file for scandal or to have the scandalous matter expunged, may be made at any time before the hearing of the cause or matter. 121. If upon the hearing of a cause or matter the Judge or Surrogate Judge is of opinion that any plead- ing or affidavit is of unnecessary length, he may either direct payment of a sum in gross, or in lieu of taxed costs therefor, or may direct the taxing-officer to look into such pleading or affidavit and to distinguish what part or parts thereof is, or are of unnecessary length, and to ascertain the costs occasioned to any party by any unnecessary matter, and the Judge or Surrogate Judge is to make such order as he thinks just for the payment set off or other allowance of such costs by the party or his proctor. XXVI. — Production of Documents, 122. The plaintiff or defendant may, at any time after answer, or when the application is on behalf of the plaintiff after the time for answering has expired, obtain an order of course upon praecipe requiring the adverse party to produce under oath within ten days after the service thereof all deeds, papers, writings, and documents in his custody or power relating to 29 petition, answer 3n, answer or rule, nor shall 3d in support of it tlie express 3 or matter the 1 that any plead- )f such pleading 3r such pleading may direct the and is to give think right. ling or affidavit e the scandalous ,ny time before 3 or matter the I that any plead- h, he may either in lieu of taxed ig-officer to look listinguish whnt 3cessary length, to any party by ge or Surrogate inks just for the )f such costs by umcnts. Lay, at any time 1 is on behalf of inghas expired, pe requiring the within ten days ►aperSf writings, >wer relating to the matters in question in the cause under oath and deposit the same with the Registrar or Deputy legistj Div4,r. 123. Neither plaintiff nor defendant is to be bound J produce in pursuance of such order any deed, japer, writing- or document which a defendant admit- ting the same by his answer to be in his custody or ^ower would not be bound to produce. 1 24. The order shall not require personal service, tf the party required to obey the same has a proctor ft is to be sufficient to serve the same upon the )roctor. 125. The affidavit to be made b> the party who has jeen served with the order may be in the form or to the effect set forth in form No. 11 of Schedule A lereto. XXVII Examination of parties. I* 126. Any party to a suit may be examined by the \arty adverse in point of interest without any special jrder for that purpose; and may be compelled to [ttend and testify in the same manner, upon the le terms and s abject to the same rules of examin- Ition as any witness except as hereinafter provided. 127. A person for whose immediate benefit a suit prosecuted or defended is to be regarded as a party )r the purpose of Rule 126. 128. A plaintiff may be so examined at any time ter answer, and before and at the hearing of the use, and a defendant may be examined at any time ' answer, or after the time for answering has pired, and before and at the hearing of the cause. 129. A person refusing or neglecting to attend at le time and place appointed for his e^^amination, Or ^fusing or neglecting to obey an order for production 30 ''% of documents, r .ay be punished as for a contempt, and the party who desires the exammation or production in addition to any other remedy to which he may be entitled may apply to the Judge or Surrogate Judge upon motion either to have the petition taken pro confesso or to have it dismissed according to circum- stances. 130. The Judge or Surrogate Judge may upon such application, if he think fit, order either that the petition be taken j9ro confesso or that it be dismissed, as the case may be, or make sucl\ order as seems just. 131. Where the examining party uses any portion of the examination so taken it shall be competent for the party against whom it is used to put in the entire evidence so taken as well that given in chief as that on the further examination. ^ 132. A party to the record who admits upon his examination that he has in his custody or power any deed, paper, writing or document relating to the matters in question in the cause is to produce the same for the inspection of the party examining him, upon the order of the Judge or Surrogate Judge, or of the officer or examiner before whom he is examined, and for that purpose a reasonable time is to be allowed. But no party shall be obliged to produce any deed,^ paper, writing or document which a defendant admitting the same by his answer to be in his custody or power would not be bound to produce. 133. Either party may appeal to the Judge or Surrogate Judge from the order of the officer or examiner, and thereupon such officer or examiner is to certify uncler his hand the question raised and the order made thereon, and the costs of appeal are to b^ in the discretion of the Judge or Surrogate Judge. J- 81 ontempt, and ►r production h he may be •rogate Judge )n taken pro ig to circum- ay upon such her that the be dismissed^ ler as seems ; any portion e competent o put in the »iven in chief lits upon his or power any ating to the luce the same ng him, upon ige, or of the xamined, and be allowed, ce any deed,, a defendant in his custody e. he Judge or he officer or r examiner is aised and the peal are to h^ ;ate Judge. XXVIII Written Depositions. i I I 134. Written depositions may be taken before the Judge or a Surrogate Judge, Registrar or a Deputy Registrar or an examiner of the Court. t 135. Subject to Rule 161 a party in a cause or mat- ter may by a writ of subpoena ad testificandum or duces tecurd^Qqaive the attendance of a witness before the Judge or Surrogate Judge or before the Registrar ^or a Deputy Registrar or any examiner for the pur- .pose of using his evidence upon any motion or other r proceeding in the cause. 136. Forty-eight hours' notice of the examination is * to be given to the opposite party or parties, and the cross-examination in such case is to follow immedi- *^ ately upon the examination and is not to be deferred to any future time. • 137. The examination may be conducted either by^ counsel or by the proctors or by their substitutes, the examiner may put any questions to the witness for eliciting the truth as to him may seem fit. 138. Any person having made*an affidavit to be used, or which shall be used on any motion, petition I or other proceeding before the Court shall be bound I to attend for the purpose of being cross-examined ^on being served with a writ of subpoena ad testifican- |c?Mm, but the Court" nevertheless may act on the levidence before it at the time and may make such Hnterim order or otherwise as appears necessary ta [meet the justice of the case. 139. Forty-eight hours' notice of the cro'^'s-examin- ition is to be given to the party on whose behalf such [affidavit was filed or to the party intending to use [the same. , 140. When the examination is completed the [examiner shall r^^ad over the deposition to the witness Ill 32 # who shall thereupon sign the same, and the examiner shall certify at the foot thereof that the deposition has been read over audibly and distinctly to the witness and that he has acknowledged the same to be true. 141. If the witness refuse to sign his deposition the -exammer shall certify at the foot thereof that the witness so refused and that the deposition is in ac- <;ordance with the evidence given by the witness, and the deposition may thereupon be used. 142. When the examination has been completed the depositions shall be filed with the Kegistrar or Deputy Eegistrar. 143. The parties in the cause shall on payment of the regular fees be entitled to have from the exam- iner certified copies of such depositions or any part thereof immediately after they have been taken. XXIX. — Affidavits, 144. Every affidavit filed in a cause shall be entitled m the Court and in the cause or matter in which it is to be used. 145. Every affidavit filed in a cause shall be expres «ed in the first person and shall be divided into se parate paragraphs, numbered consecutively each par ragraph as nearly as may be being confined to a dis- tinct portion of the subject. 146. The name, address and deswiption of every peiPBon making an affidavit shall be inserted therein. The deponent shall sign the same and the name of each person making the affidavit, if it be made by more than one, and the date when and place where «worn shall be mentioned in tke jurat. 33 nd the examiner it the deposition istinctly to the ged the same to is deposition the liereof that the position is in ac- the witness, and d. 3een completed ;he Kegistrar or on payment of Prom the exam- ons or any part been taken. shall be entitled natter in which shall be expres- divided into se- itively each par onfined to a dis- ription of every Lserted therein, md the name of 'it be made by ind place where fc. 147. No affidavit shall be received which has been wrn before the party on whose behalf the same is fefed, or before his proctor or a partner or clerk of le same. 148. When an affidavit is made by any person who blind or Who from his signature thereto, or other- wise appears to be illiterate, the person before whom le affidavit is made shall state in the jurat that the idavit was read in his presence, and that the depo- mt appeared to understand the same, and made his lark or wrote his signature in the presence of the person. 149. Each statement in an affidavit which is to be ised as evidence on any proceeding before the Court j>r before a Judge or before an officer of the Court is shew the means of knowledge of the person making Ihe statement. | XXX Notice to admit. 150. After replication is filed, any party may call the other by notice, to admit any document, saving |ll just exceptions j and in case of refusal or neglect to admit, the costs of proving the document shall be aid by the party so neglecting or refusing, whatever e result of the cause may be, unless the Judge or lurrogate Judge certify that the neglect or refusal admit was reasonable, and no costs of proving any ocument are to be- allowed unless such notice is given, except in cases where the omission to give the tiotiqe was in the opinion of the taxing officer a saving ^i expense. 151. The notice is to be served not less than twa ^lear days before the day appointed for inspection. XXXI. — A men dmen ts. ^162. The Judge or Surrogate Judge may at all %imes order that anv defect or error at)nearinflr in anv" 3 '*# m 9i3ai»««&A,l.:.(.fc.' m 34 pleading, process, notice or other proceeding may be amended. 153. All such amendments shall be made in^ucl manner and upon such terms, as to costs and other wise, as to the Judge or Surrogate Judge may seen proper, and it shall be the duty of the Judge or Surrogate Judge to allow such amendments as maj be necessary to the proper trial of the substantia issues in the cause. 154. No proceeding shall be defeated by am formal objection. XXXII. — Setting down for hearing. 155. At any time after issue joined the cause maj "be entered on the list for hearing by any party to the cause. 156. If within six days after the cause has been •entered on the list for hearing by the plaintiff, or ii entered on such list by a defendant if within six days from notice thereof to the plaintiflf, the plaintiff do not apply to the Judge or Surrogate Judge for an order fixing the time and place of hearing a defen dant may apply for such order. 157. Upon such application the Judge or Surrogate Judge may fix the time and place for the hearing of the cause, and may order such hearing to take place before himself or before the Judge or any Surrogate Judge. m 158. Where the hearing is to be had in any town or place other than that in which the pleadings are filed, it shall be the duty of the party who obtains the order fixing the place of hearir*g to deliver to the Eegistrar or Deputy Registrar with whom the plead mgs are filed, a sufiScient time before the day fixed for hearing a prmeipe requiring him to transmit to the Kegistrar or Deputy Registrar nearest the nlnnA — - ~' - - — _ 35 oceeding may be be made inljucli costs and other Judge may seej of the Judge oi indments as maj f the substantial lefeated by anj hearing, d the cause may any party to th« cause has been ;he plaintiff, or ii if within six days , the plaintiff do \>ie Judge for an hearing a defen dge or Surrogate r the hearing of ng to take place »r any Surrogate had in any town le pleadings are who obtains the o deliver to the vhom the plead- the day fixed for transmit to the rest the i^lace pere the hearing is to be had, the pleadings and ich other papers as may be specified in the prcecipCj id at the same time to deposit with him a sufficient im to cover the expense of transmitting and retrans- dtting such pleadings and papers, and thereupon it lall be the duty of the Registrar or Deputy Regis- far forthwith to transmit the pleadings and such bher papers as may be specified accordingly. XXXIII.— Proo/j. [159. Causes may be proved by the oral examina- m of witnesses in open Court, or by written depo- kions or by affidavit, or partly hy one mode partly by lother. J 160. For the purposes of saving expense and of Expediting the trial of the cause, the Judge or Surrogate Judge may, whenever he thinks it in the 4terest of justice so to do, on application of either "irty after notice to the other allow the evidence of ly witness whose evidence is intended to be used ; the hearing to be taken down in writing at any stage ' the cause, and inasmuch as it is highly desirable lat the Judge or Surrogate Judge, who is to try the luse should himself see and hear the witnesses camined^ he shall, so far as his other engagements ill permit, order the examination to be had before mself. 161. No evidence to be used on the hearing of a luse other than the -examination of a party under lie 126 is to be taken before any examiner or icer of the Court, or by affidavit, unless by the i-der first had of the Judge or Surrogate Judge, mpon special grounds adduced for that purpose, and after notice of the application for the order to the opposite party unless the Judge or Surrogate Judge ,|iispense with such notice. > ; 162. Either proctor in the cause may apply to the ^ijfudge or Surrogate Judge to order the attendance of - 3i ru &ny witness for examination vivd voce at the hearing, although the witness may have already made an' aftklavit or been examined before the Judge or Surrogate Judge or an examiner or officer of the Court. XXXIY.— Hearing. 1 'Jit i: 163. When a cause is called on to be heard the witnesses of all parties are to be examined unless the Judge or Surrogate Judge upon a previous applica- tion has postponed the examination or unless the Judge or Surrogate Judge before whom the cause is I brought on sees fit to postpone the examination or to ^• allow time for the production of further evidence, 1,' and wihere the examination is postponed or where ] times allowed for the production of further evidence » the order is to be upon such terms, as to the costs or otherwise, as the Judge or Surrogate Judge thinks right to impose. 164. Causes are to be argued at the same time that the witnesses are examined, 165. Where it becomes necessary to adduce evidence or to incur expense otherwise in order to establish or prove facts which, in the opinion of the Judge or Surrogate Judge upon the hearing of the cause, ought to have been admitted, it shall be competent to the Judge or Surrogate Judge to make such order in respect to the costs occasioned by the proof of such facts, as under all the circumstances appears to be just. XXXV. — A ssessors. !l 166. The Judge or Surrogate Judge may require the attendance of assessors in any cause, of his own them. •VA VtrV VAX^/' AJUL» VWTAJL Vf^-/ \JX V.LXV/ fCVX Va.W£3 \JX OJLWXJ.^Ji VX ce at the hearing, Iready made an > the Judge or )r officer of the to be heard the mined unless the )reviouB applica- ►n or unless the om the cause is xamination or to urther evidence, .poned or where further evidence as to the costs or te Judge thinks e same time that' adduce evidence ir to establish or Df the Judge or the cause, ought •mpetent to the e such order in e proof of such 3 appears to be 3t 167. Each assessor named in tlie list of assessors repared under the Act or being duly summoned iree clear days before the day on which his attend- iice is required, shall give his attendance and aesis- j^nce accordingly 5 such sur^mdns shall be sont by ke Registrar or Deputy Registrar in a registered )tter directed to the assessor at his address as speci- id in the list, or such other address as shall on the )plication of the assensor be substituted therefor a copy of the list to be kept in the Registrar's or feputy Registrar's office. If any assessor being duly iimmoned shall, without reasonable excuse, fail to Ittend, or to give his assistance, the Minister of Justice, on the application of the Judge, may remove iis name from the list. The Judge or Surrogate Fudge shall have power, in case of the absence or llness of any assessor summoned, or for other cause ^hich shall appear to him sufficient, to pass over ich assessor and cause another to be summoned in Is stead. 168. Each assessor shall be paid in each case the un of six dollars for each day on which be shall Jtend in pursuance of any such summons for that Eirpose as aforesaid, and the fees of each assessor lall be costs in the cause, but shall in the first istance be paid by such of the parties to the cause the Judge a Surrogate Judge may direct. 169. The assessors shall be selected from such list rotation unless the Judge or Surrogate Judge for ly special reason shall otherwise direct. XXXVI Decrees and Orders, ge may reqmre mse, of his own LV£7 vrx %:7iwxJ.v7j. vx , 170. The Registrar or Deputy Registrar is to enter it length in a book to be kept for that purpose all jecrees and orders made by the Court or the Judge or the Surrogate Judge unless the Judge or Surro^te ^udge dispense with the entry thereof. 38 *| 171. It shall 'not be necessary in any order to reserve liberty to apply, but any partv may apply from time to time as he may be advised j and where any order directs the payment of money out of Court it shall not be necessary to direct that a cheque be drawn for the purpose. 172. In all orders sums are to be stated in dollars and cents. 173. In all cases where a person or party obtains an order upon condition and fails to conform or comply with the condition, he is to be considered to have waived or abandoned the order, as far as the same is beneficial to himself, and any other party or person interested in !he matter, on the breach or non-performance of the condition may either take such proceedings as the order in such case may war rant, or such proceedings as might have been taken if the order had not been made. 174. All orders made by the Judge or Surrogate Judge in chambers shall have the force and effect of ■orders of the Court. al m m U n I 6 XXXVII — Amending decree or order. 175. An application to amend an order, which has not been drawn up in conformity with the judgment pronounced, so as to make the same conformable thereto, and an application to correct any clerical mistake in an order or an error arising from an acci dental slip or omission, may be made in chambers, and the Judge or Surrogate Judge may grant the same if under all circumstances he sees fit. XXXVIII. — References. 176. The following rules shall apply to references to the T^Aaiafrnv r»v T^/arknfir Pckrriaf *.»« J.1V.S1113 1I iXi TTiiCl/lJCi' tiiC reference be to the Registrar or Deputy Registrar 39 in any order to party may apply dsed J and where oney out of Court ;hat a cheque be stated in dollars or party obtains s to conform or be considered to er, as far as the ly other party or •n the breach or may either take Lch case may war have been taken ige or Surrogate rce and effect of or order. order, which has th the judgment ime conformable rect any clerical ing from an acci- de in chambers, 5 may grant the ees fit. es. ►ly to references "7 TTiiCl/lJCi' tiiC )eputy Registrar aJ^ne, or to the Registrar or Deputy Registrar assisted 1^ one or by two merchants. Si 77. Every order referring any matter to the Regis- #ir or Deputy Registrar is to be brought into his 5jace withm fourteen days after the order is drawn 1^, or after the same should have been drawn up by ^ party having the carriage of the same, otherwise aiy other party to the cause, or any party having an " ^terest in the reference, may assume the carriage of ie order and carry the same into the Registrar's or iputy Registrar's office. 178. Where a party prosecuting a reference does got proceed with due diligence the Registrar or Jeputy Registrar is at liberty, upon the application f any other party interested either as a party to the kit or as one who has come in and established his |aim before the Registrar or Deputy Registrar under le order, to commit to him the prosecution of the Mer, and from thenceforth neither the party making pault nor his proctor is to be at liberty to attend le Registrar or Deputy Registrar as the prosecutor the order. [179. Every reference is to be called on and pro- teded with at the day and tune fixed unless the bgistrar or Deputy Registrar in his discretion thinks i to postpone the same, and in granting an applica- jn to postpone the hearing of a reference the jgistrar or Deputy Registrar may make such order to the costs consequent upon such postponement he thinks just. 180. As soon as the Registrar or Deputy Registrar ts entered upon the hearing of a reference, he is to foceed therewith to the conclusion without inter- ption where that is practicable, and where ^^the ^ference cannot be concluded in a single day the Registrar or Deputy Registrar is to proceed de die in ~iem without a fresh warrant unless he is of opinion 40 «i; be proper, and conducive to the end of justice, and Trhen the adjournment is ordered the Registrar ot Deputy Registrar is to note in his book the time ami reason thereof. • fS'tS') 181. In no case is any matter to be discontinued or adjourned for the mere purpose of proceeding with any other matter, unless that course become Becessary. 'IV 182. Upon the bringing in of an order the proctor bringing in the same is to tak^ out a warrant (unless the Registrar or Deputy Registrar dispense there- with) appointing a time which is to be settled by the Registrar or Deputy Registrar for the purpose of taking into consideration the matters referred by the order, and is to serve the same upon the parties or their proctors unless the Registrar or Deputy Regis- trar dispense therewith. '' ■ ' ■ * 183. Upon the return of the warrant to consider, or upon the bringing in of the reference where the warrant is dispensed with, the Registrar or Deputy Registrar is to fix a time at which to proceed to the hearing and determining of the reference, and is to regulate in all other respects txie manner of proceed- ing with the reference and is to give any special directions he thinks fit as to — 1. The parties who are to attend on the several accounts and enquiries. , 2. The time at which or within which each proceed- ing is to be taken. 3. The mode in which any accounts referred to him are to be taken or vouched. 4. The evidence to be adduced in support thereof. 6. The manner in which each of the accounts and enquiries is to be prosecuted. 1 And such directions may be afterwards varied or Added to as mav be found necepop^»*v d of justice, and bhe Registrar oi lok the time and be discontinued e of proceeding > course become rder the proctor L warrant (unless dispense there- 3e settled by the the purpose of s referred by th« a the parties or r Deputy Eegis- ■ant to consider, •ence where the strar or Deputy ) proceed to the rence, and is to inner of proceed- 5ive any special on the several ch each proceed- ints referred to support thereof, he accounts and ' ■ ' pwards varied or 41 184 Where at any time during the prosect-tion of ^reference it appears to the Registrar or DeP"ty ««; kltr^rwith respect to the whole or any portion of fcoetSthat the interests of the part.es can P™oeeuuis= reauire the parties constituting L.f rfnv'ckss toYe repr«««°t«y*« same proc ^^a^rt wWe th^ parties constituting such ctass ^gistrar ''■J.^Xy/s^f the proceedings before .l^tand^KTo? ^f the pa;«- consmujmg Ph' class insists on being >•«?■;? «7*lXe 6^te of QZthnegistraror Deputy Registrar mth respect to which suo^ nomination ^''^ ^««" '?f^!;„'Xthe .„«!, fiirfliPr ro«its as are occasioned to any oi i-ntj is"by his being represented by a different proc >r from the proctor so nommatea. i»^ To enable the Registrar or Deputy Registrar to ex;rcrse aU o? any of Ihe Po-^^off"??^ ^P^? Mm by, or to take the accounts and make the enqm- Hm referred to in the following rules, it shall not be ~Sy tha^any of the matters therein mentioned "hall Z7e been stated in the pleadmy °' ^f „!± 'nee thereof shall have been given before the order Xeferenoe, or that the order should contam any [specific direction in respect thereof. 186. Under an order of reference the Registrar or (Deoutv Registrar shall have power,— ' 1 . To take the accounts with rests or otherwise. 2, To make all just allowances. X To reoort stoecial circumstances. 1 4 And generally to take the accounts to enquire, adjudgefXl report as to all matters relating thereto, Vfully as if the same had been speciaUy referred. I 187. Under an order- of reference witnesses may be examined before the Registrar a Deputy Registrar or an examiner of the Court. ; :!!t. :i I 42 188. The Registrar or Deputy Registrar may cause parties to be examined and to produce books, papers and writings as he thinks fit, and may determine what books, papers and writings are to be produced, and when and how long they are to be left m his office, or in case he does not deem it necessary that such books and papers and writings should be left or deposited in his office he may give ^lirections for the mspection thereof, by the parties requiring the san.e, at such time and in such manner as he deems expedient. ^ 189. Where ny account is to be taken the account- mg party is, unless the Registrar or Deputy Registrar otherwise direct, to bring in the same in the form of debtor and creditor verified by affidavit. The items on each side of the account are t be numbered con- secutively, and the account is to be referred to by the affidavit as an exhibit and is not to be annexed thereto. 190. The Registrar or Deputy Registrar if he thinks fit, may direct that in taking accounts, the books of account m which the accounts required to be taken have been kept, or any of them, be taken as primd facie evidence of the truth of the matters therein contained, with Uberty to the parties interested to take such objection thereto as they may be advised. 191. A party directed by the Registrar or Deputy Registrar to bring in any account or do any other act 18 to be held bound to do the same in pursuance of the direction of the Registrar or Deputy Registrar without any warrant or written direction beine served for that purpose. ^ 192. Before proceeding to the hearing and determ- mmg of a reference the Registrar or Deputy Registrar may appoint a day in the meantime if he thinks fit for the purpose of entering into the accounts and enquiries with a view to ascertaining what is admitted and what is contested between the parties. m.M- trar may cause e books, papers ietermine what produced, and m his office, or ihat such books or deposited in the mspection saii^e, at such expedient. :en the account- sputy Registrar in the form of i^it. The items numbered con- referred to by to be annexed rar if he thinks s, the books of ed to be taken iken as primd latters tnerein interested to lay be advised. ;rar or Deputy do any other in pursuance )uty Registrar rection being g and determ- 3uty Registrar f he thinks fit accounts and lat is admitted ties. 43 1QS Where the Registrar or deputy Registrar hag nitted to appoint a day for the purposes mentioned ^ruirmrSe may grant to the party brmging in .1 „*;« warrant to proceed on the same therof boBe' afSd sucS warrant to be underwritten '. fr.iinwB • " On leaving the accounts of &c. And llleZloe tha?you are^equired to admit the same such parts thereof as you can property admit." 194 The Registrar or Deputy Registrar may, if he Ihink fit report whether any and what part of the losts of theT^^^^^^ allowed and to whom. 1^5 A party seeking to charge an accounting mvtv bevondwhaft he has in his account admitted to avl^Sved> to give notice thereof to the account- ^Tplrtntating so far as he is able the amount sa Kt t'o be ciiarged, and the particulars thereof, m short and succinct manner. 196 The Registrar or Deputy Registrar is to enter Sin the cau!e bo^k from time to time the proceedings, ^ken before him, and the directions he gives m rela- ^ ion to th^^^^ of t^« reference or otherwise. iq7 In givinff directions and in regulating the inner of proceeding before him the Registrar or eputy Regfstrar is to devise and adopt the simplest, most speed^^ and least expensive method of prose- Eng the reference, and every part thereof, and S iat viewhe is Uy dispense with any ^roceedmg^ ^rXiarily taken, but which he conceives to be [unne^^^^^^^^^ to shorten the periods for takmg ■anrproceeLgs or to substituto a difterent course of .proceedings for that ordinarily taken. 198. Where the Registrar or ^eputy Registrar directs parties not in attendance before ^^^.^J^^ notified to attend at some future day or for different purposes at different future days, it shaU not^^^^^^ necessary to issue separate wmmn^^ ^^- -..^ C Vvift- shaU be notified by one appointment signed by tne 44 l! H w m Registrar or Deputy Registrar of the proceedings to pa be taken and of the times by him appointed for taking g^ the same. ^ " ■ , on 199. Where parties u,re notified by ai)pointment from the Registrar or Deputy Registrar of proceedings to be taken before him, no warrants are to be issued as to such parties in relation to the same proceedings. 200. Parties making default upon such appoint- B| ments are to be subject to the same consequences as ai if warrants had been served upon them. - - 4^4 201 . As soon as the hearing of any matter pending before the Registrar or Deputy Registrar is completed « he shall so inform the parties to the reference then in attendance, and make a note to that effect in his book, and after such entry no further evidenc*^ is to be received or proceedings had without the special permission of the Registrar or Deputy Registrar, and the Registrar or Deputy Registrar may proceed to prepare his report or certificate without further war- rant except the warrant to settle which is to be served -o^ the parties as the Registrar or Deputy Registrar directs. 202. Parties are to raise before the Registrar or Deputy Registrar in respect of any matter presented in his office, for his decision, all points which may be ^fterwards raised upon appeal, and in case an appeal is allowed upon any ground not distinctly taken before the Registrar or Deputy Registrar, the Court may order the appellant to pay the costs of the .appeal. ; > • <- 203. In the Registrar's or Deputy Registrar's repoi no part of any account, charge, affidavit, deposition, examination or answer brought in or used in the Registrar's or Deputy Registrar's office is to be stated or recited, but instead thereof the same may be referred to by date or otherwise, so as to inform the ■CJourt as to the paper or docimient so brought in or used. n:i: •'*•m. ' . matter pending raris completed eference then in lat effect in his >r evidence is to bout the special y Registrar, and may proceed to out further war- h is to be served eputy Registrar he Registrar or latter presented ts which may be 1 case an appeal iistinctly taken strar, the Court be costs of the jgistrar's repoi avit, deposition, or used in the !e is to be stated same may be as to inform the o brought in or 45 bo4. Reports -Meeting money in C^^^^^ ^/r aW sS— /of thl^'ums fo^ncl by the pt of Court. Lrt or certificate is P^'^P^." „<.e, or in case he fthe Pi^rty rBec^t^f h n ?n^t' ^i,„,etion of Igi8trar °f^;?|P"5a„d t common attendance is to- teedt tt f.arty taking the same. 206. Any P-ty affected by a -^^^^^^ -y file th. ^e or a di^hcate ^heieoi m ^^ ^ ^i^l ZX:i t^f rr'effect as the filing of le report. 207. A report is t« be^-^ abstt| ^^-* -, ^^en£T^ni-thefi»et<^^«nless%revio„Bly fopealed from. om Where the Registrar or Deputy Kegistraris Sed'^Kpc^nt moiey *« be^f J^p'd ^to .d place, he is to WHUt^W office! o^ at some ome*^incorporated B^='°l^„f,*^*'Bl^hl Ontario to ,ranch or agency office f /»* ^J^^^^he same is 'le joint credit ^^ *e M_i,trar o^he Co the lade payable, ana of the Kegisxrar "' to name ►lace for such payment. m 900 Where money is paid into a Bank in pursuance Iffuch^p'f^^^^^^^ rjz z mmo either to the credit of tbe^party ^^J^^^ ^^ & is maae payable, or to .f,t,f ^l^f |,e 'pa d to ^artyandtheWstrar,andifthe same be paia P 46 '^, the sole credit of the party, such party shall be •entitled to receive the same without an order. II m 210. Where default is made in the payment of >. money appointed to be paid into a Bank, the certifi. i cate of the cashier, manager or agent of the Bank where the same is made payable, or of the like Bank officer shall be sufficient evidence of default. XXXIX Sales, 211. Every commission for the appraisement or sale of property under the decree of the Court shall, unless the .Judge or Surrogate Judge otherwise order, be executed by the Marshal or Deputy Marshal, oi his substitutes. 212. The Marshal or Deputy Marshal shall pay into Court the gross proceeds of the sale of any property which has been sold by him, and he shall at the same ; time bring in the account of expenses of sale, with vouchers in support thereof, for taxation by the Registrar or Deputy Registrar. 213. Any person interested in the proceeds may be heard before the Registrar or Deputy Registrar on the taxation of the Marshal's or Deputy Marshal's account of expenses, and an objection to the taxation shall be heard in the same manner as an objection to the taxation of a proctor's bill of costs. XL — Certificate of state of Cause. 214. Upon the application of any person the Regis trar or Deputy Registrar is to certify, as shortly as he conveniently can, the several proceedings had in his office in any cause or matter and the dates thereof. XLI.^ — Motion to dismiss. 215. A defendant may move the Judge or Surrogate Judge upon notice that the petition may be dismissed •$ u 1 1 I I party shall be ' an order. the payment of lank, the certifi. 3nt of the Bank of the like Bani ■ default. appraisement or ' the Court shall, ) otherwise order, f ^ >uty Marshal; oijj m lial shall pay into of any property shall at the same ses of sale, with taxation by the le proceeds may puty Registrar on ►eputy Marshal's )n to the taxation is an objection to | jts. f Cause. person the Regis ', as shortly as he edings had in his ) dates thereof. iss. iidge or Surrogate may be dismissed 47 ifh costs for want of prosecution, and the Court [aj o?der the same accordingly in the foUowmg ics : h If the plaintiff not having obtained an order to ilarge the time does not amend the petition, or does >t file replication, or set down the cause to be heard petition and answer within one month after the iswer or the last of the answers has been hied ; [2: If the plaintiff does not, within twelve days after e cause has been entered on the 1st forbearing, Iply for an order fixing the time and plaxje for hear- |g of the cause. 0I6 Where the plaintiff has amended his petition ker 'answer a defendant may move the Judge or ~ate Judge upon notice that the petition may k dismissed with costs for want of prosecution. ^ If the plaintiff not having obtained an order to ilarge the time does not file the replication or set pwn the cause to be heard on petition and answer ithin the times following : j x ^i> ll. Within fourteen days after the amendment ot ie petition, where no answer has been filed and the jfendant has not obtained or applied for time to 2!^ Within fourteen days after the refusal of an pplication for further time, in cases where the de- Indant desiring to answer has not put m his answer Jithin seven days after the amendment of the peti- 3! 'within fourteen days after the filing of the swer in cases where the defendant has imt m an swer to the amendments unless theplamtift withm ch fourteen days has obtained leave to re-amend e petition. 217. In every other case where the plaintiff is ilaving the suit unnecessarily any defendant may ove the Judge or Surrogate Judge upon notice that le petition may be dismissed with costs, for want ot •osecution, after the expiration of one month from 48 i it .! the time of filing his answer, in case the i)lauitift'rioi having obtained an order to enlarge the time doe^ not amend the petition, or does not file the replica tion or set down the cause to be heard on petition and answer within such month j and upon the hearim of the motion the Judge or Surrogate Judge is to make such order for the dismissal of the petition or for the expediting of the suit, or as to costs as under the circumstances of the case seems just. 218. Where a defendant is entitled to give a notice of motion to dismiss it is not to be a sufficient answer to the motion for the plaintiff' after being served with the notice, to amend the petition or to file a replica- tion, or to undertake to speed the cause, but it shall be necessary for the plaintiff to show that h^ has pro secuted his suit with due diligence or that under all the circumstances the petition should not be dis missed. XLII. — Costs, 219. Where the Judge or Surrogate Judge either in Court or Chambers deems it proper to award costs to either party he may, by the order, direct payment of a sum in gross in iieu of t«xed costs and direct by and to whom such sum is to be paid. 220. If upon the taxation of costs it should appear to the Registrar or Deputy Registr".r that any pro- ceedings have been taken unnecessarily, and which were not calculated to advance the interests of the party on whose behalf the same were taken, it shall be the duty of the Registrar or Deputy Registrar to disallow the costs of such proceedings as well on the taxation of costs between proctor and client, and as between proctor and client as on a taxation between party and party unless the Registrar or Deputy Registrar shall be of opinion that such proceedmgs were taken by the proctor because they were in his judgment reasonably exercised, conducive to the t {:if the i)laiiitift'not ) the time does file the replica sard on petition upon the hearing Judge is to make etition or for the ts as under the I to give a notice sufficient answer )eing served with to file a replica- ause, but it shall. that.hp has pro } or that under lould not be dis Judge either in award costs to rect payment of and direct by t should appear r that any pro- sily, and which titerests of the taken, it shall by Registrar to as well on the client, and as nation between rar or Deputy 3h proceedings By were in Ins iducive to the 49 jrests of his client. It shall ndt be the duty of ■ Registrar or Deputy Registrar On a taxation of its between a proctor and nis client to disallow t^ proctor his costs of such proceedings where it is le to appear that such proceedings were taken by desire of the client after being infoi-med by his ^ctor that the same were unnecessary and not julated to advance the interests of the client, but costs of such proceedings ar6 not to be allowed my case where, according to the present practice rules of taxation in force in the Court of Chan- at Toronto, the same would not be allowed. 221 . Where costs are to be taxed between party • Id party the Registrar or Deputy Registrar may low to the party entitled to receive such costs the te costs as are taxable where costs are directed to taxed as between proctor and client in respect of le fojlowing matters j P . Advising with counsel on the pleadings, evidence other proceedings in the cause j .. Procuring counsel to settle and si£p^ such plead- js as may appear to have been proper to be settled counsel j l3. Procuring and attending consultations of counsel j M. The amendment of petitions j p. On proceedings in the Registrar's or Deputy 3gistrar's office j Supplying counsel with copies of or extracts from ^cessary documents. J22. In allowing such costs the Registrar or Deputy jgistrar is not to allow the pajrty any oosts which do pft appear to have been necessary or proper for the itainment of justice or for the defeiwfing his rights, which appear to have been incurred tjm>ugh over- .ution, ne^igence or mistake, or merely at the desire If the party. , 223. The fees and disbursements set forth Jn the riff annexed to these orders may h4 cht^tiged in spect of the services therein enumerated. 4 -/-« m 60 224. When two or more defendants defend b) different proctors under circumstances that by thi practice of the Court entitle them to but one set ol costs, the Registrar or Deputy Registrar without anj special order is to allow but one set of costs, and it tTro or more defendants defending by the same proctoi separate unnecessarily in their answers or otherwist the Registrar or Deputy Registrar' is without anj special order to allow but one answer and set ot cos*- 225 Where costs are awarded to be paid it shalll be competent to the Registrar or Deputy Registm to tax the same without an express reference to hm for that purpose. * 226 Where the costs of one defendant ought to be paid by another defendant, the Judgeor Surrogate J Judge may order payment to be made by the oneP defendant to the other directly. ' 227. Bonds executed upon an order for security for costs are to be given to the Registrar or Deputyi Registrar with whpm the pleading in the suit are filed: all the defendants are to be included in the same bond and the penal sum to be inserted therein is to be fixed upon the application for security, by the Judge or Surrogate Judge who makes the order. 228. A proctor entitled to have his bill of costs taxed by the Registrar or Deputy Registrar shall filo the same. A copy Jthereof shall be served upon the adverse proctor (if any) with a notice of the time appointed for the taxation. An appointment for taxation will be made at the time of fiUng the bill of costs, which time shall be at least two days subsequent to the day of serving the bill. 229. At the time appointed for the taxation the Beiristrar or Deputy Registrar may proceed to tax the bill if only on© of the proctors in the cause be present. jiii S iS defend If \ that by thr ut one set ol p without anj )8t3,andiftwo' same proctoi or otherwise without anj ad set of costs, paid it shaU^i »uty Registrar erence to him iant ought to le or Surrogate le by the one r for security trar or Deputy 1 the suit are. mcluded in the serted therein »r security, by ikes the order. IS bill of costs istrar shall filo pved upon the e of the time pointment for of fiUng the least two days )ill. 3 taxation the proceed to tax L the cause be 51 oent thereof. ,. , proctor intending t^o^^lSe*-^^^ 1, within »ix d;jy^ ft'^^jXT^Pjudgo or S«r- ,^ion, or as «°«n *»^f the application, apply m %tZ r 'X t re^pU of the .terns icted to. XUII.-r«y»»«.« of^jnonej, into and out of U. Money ordered !^^^^Pfc'„Sl°eS To^on't^ J^^e Pri^^^'^^'''^""^^^^^^ ^" "" °*" iner. ^'■j^ ^T^tX^ ?he o7dr(i^?°^- produce to the I^egistiar ^ ^^^^ Yum btnTthe Cft^'rTctive^^he n.oney. :34. The Bank on ^^t'"* CTr^ceJt Xe^e' „y cause or matter is *? P^^PJ^ ^ delivered to in'dupUcate, »^^ °"^„Xand the other is to be S% ^eSdWaSe -day to the Begistrar. ^e'd by the BeJ' trar and not otherwise. "ittog such person to the money. 4i il ■''«>»»tmmnmm-i. «^. 'lP II 62 237. The Eegistrar after satisfying himself n no caveat against the payment o^f tt.e S^ney' been entered, or if entered that it has been «,t J or withdratra, is to countersign the oMer tht "No caveat entered against payment of Sis S -Eegistrar" and redehver the order to the pS entitled thereto after making the necessa?^ S m his books respecting the same. ^ 238. A proctor desiring to orevent the pavment , money out of Court shall file with the iTSrW ^roecrpe ,„ that behalf, and thereupon a cS against payment shall be entered in theproper S m the book containing the account of sucrSj] 239. Bail for latent demands shall not. unless tl Jud^e or Surrogate Judge shall otherwiseT^er required on tlie payment of money out of S' ' ^JIV. — Account Books. 240. The Eegistrar is to keep such books nf o„„-„ ^d otherwise relating to money in SortoveS ZtJ^^ f "«?ority of the Court aTthe JudllL IS-rrry^Tre^^freScr "^ ~' ^^| tio^'an^theXX^^rtrgi^e'a^Tt^e^te'oT." stete of any account, or an eftrac? tWf^m al I desire of any party interested or his piwton ' ^^V — Notices from RegUtry. twf^f }^ considered as the day of ser™ «eS ''"^ *^ ^"''^^ tJ^^^of «hall be'^^ suto ifying himself tlii| of the money Iji t has been set agfl' I the Order thus, lent of this mom rder to the persfl 5 necessary entnV • int the payment t" th the Registrar I ereiipon a cavft^ in the proper pl^ t of such money/ all not, miless tlj iiherwise order, ' out of Court. oks. h books of accoi Qc^irt or inves as the Judge r to ensure sail B open to inspe? certificate of therefrom at s proctor. yisiry, Lstrar or .l)epu( k1 letter by poji hich the notice! * day of servifl 11 be a sufficiei 53 '^V^l^^Insiry;nients and service thereof, M. Every instrument which is signed by the "istr^ or Deputy Registrar and issued under the of the Court shall be prepared by the Registrar Jeputy Registrar on a praecipe filed by the proctor lying for the sanae, and shalLbear date on the day vhich it IS issued. ^ [. Every instrument requiring service shall be red within six months from the day on which it rs date, otherwise the service shall not be valid. t5. No instrument except a warrant shall be Ifi. ona Sunday, and a warrant served on a Sundav 11 be deemed to have been served on the next iwing day. ^ ^ XLVII. — Suhpcenas. 16. Subpoenas may be issued with a blank for the lesol the witnesses, and any subpoena may con- L tne names of any number of witnesses. XJNlll, ^Copies, ^. All copies of documents whether issued from I Kegis ry or otherwise shall be counted and charged tat the rate of one hundred words per folio. 18. No more than four copies of any pleading or ler proceeding are to be allowed to any party, in a |se or matter, exclusive of the draft, but inclusive copies to file, copies to serve, briefs, and any ler copies that may be required or made in the i^ress of the cause. v*^ t9. If more than three copies exclusive of the ^l^l^l^'l'^^^^^ ^\^^y pleading or other proceed^ and the party chooses to have tlie pleading or ceedmg printed for the purposes of t\ a smi naner, he is, m lieu of aU charges for copies to be 111,!' ^ I' ^ 54 allowed thirty cents per foUo of the pleading or p« ceedmg, and his reasonable disbursements of prS^ nng the same to be printed. - "• piooi 250. Every defendant appearing by a differs, proctor IS entitled to demaSS from the plaintiff ^ XLIX — Seal of the Court +i,f P '''^®f^^«® shall cause a design for the seal, .,oL K A *^ ^^ "'^'^®- ^ «®»^ «^^U be kept a^ used by the Registrar and by each Deputy Registra 252. All instruments, orders and decrees of Court office copies and other documents issued by t Registrar or Deputy Registrar shall be sealed J the seal of the Court. " Jj.-— Teste. ^^r^ih^'''^}^'''^^' Warranto, attachments, subpoena writs and other instruments and orders of the Coi running m the name of Her Majesty the Queen sh Je given under the seal of the Court, and sTgned the Registrar or Deputy Registrar. M. — Time. 254. Where any time limited from or after J t^^\ 1^"°' '" appointed or allowed for doLj «m« i. w"*^ ^ P«)ceeding, the computation of fu3 time IS not to include the day of sucll date or of S tenin"Vf'Z"' «7"S^(" to commence afq Ct h!v ^f iL^ r '^?"l f!"" '*'"«» at *•>« latest on th puS *""^ according to such coi' 255. Where the time for doing an act, or takinJ proceeding expires on a Sunda * ->^ ^^iZ ^ il 55 le pleading orprjj 'sements of proci »g by a diflferel 1 the plaintiff u ingfor each cot jourt ign for the seali 5hall be kept ai Deputy Eegisti decrees of Col, its issued by tlj ill be sealed vM ments, subpoena ders of the Coii r the Queen, si Tt, and signed •om or after anj red for doing iputation of suc| 5h date, orofthl sommence at iU 't and th6 actoi the latest on th| ng to such coi L act. or taking! « yt^K^M ^ i ^hich the offices are closed, and by reason thereof* luch act or proceeding cannot be done or taken on ^hat day, such act or proceeding is so far as regards the time of doing or taking the same, to be held to be luly done or taken, if done or taken on the day on ^hich the offices shall next open. 256. The day on which an order that the plaintiff [do give security for costs is served, and the time [thenceforward until and including the day on which [such security is given is not to be reckoned in the computation of time allowed a defendant to answer [or demur. 257. Service upon proctors of pleadings, notices, orders and other proceedings is to be made between [the hours of ten o'clock in the forenoon and four r o'clock in the afternoon, except on Saturdays when it shall be made between the hours often in the fore- noon and two o'clock in the afternoon. 258. If service is made after four o'clock in the afternoon on any day except Saturday, the service is to be deemed as made on the following day, and if made after two o'clock on Saturday the service is to be deemed as made on the following Monday. 259. The Judge or Surrogate Judge in Court or in Chambers shall have power, to enlarge or abridge the time for doing an act or taking a proceeding in any cause or matter upon such (if any) terms as the circumstances of the case may require for the speedy and fair administration of justice, and to give any special directions as to the course of proceedings in any cause or matter. LII. — Office hours. 260. The offices of the Court shall be open on every day in the year except on Sundays, New Year's day, eputy Begistrar shall attend all sittings of the Court held m the place where he keeps Bs office and also in chambers, before the Surro»^ Judge residmg nearest such place, and sMl make Z^^V^ '^'^y act of the Wt or decree and enter the same m a proper book to be kent for th« or the Surrogate Judge himself may appoint some Son^''''^' ^^™''" "^ ■"" for^iSTtC: ad^ciK'^lnv^'' -r"^ !^""e ^' either proctor or Court. ^ ' "*"""■ •"■ proceeding in the 57 >rs, and any day ' jeneral Fasfc or i sittings of the! e the Judge in^ every act of the n a proper book I •0 form a record n all the other j ' or any future rt. If from ill- ' hould be unable consent of the! ►int some other] hose occasions. ' as proctor or ►ceeding in the r. end all sittings > he keeps his the Surrogate ind shall make or decree and >e kept for the the Court j and luties imposed Bs, and by the s or any other to perform his Trogate Jijdge^ appoint some him on those her proctor or ceding in the JjV ./-—Marshal, 263. The Marshal shall attend the Judge in Court Ion all Court dajrs. He is to execute all such warrants^ decrees, monitions and instruments and orders as I shall be issued from the Court, and be directed to [him, and he is to make due return thereof and to do and perform all other duties imposed on him by these or any ftiture rules, or by the practice of the Court. LVI. — Deputy Marshal. 264. The Deputy Marshal shall attend all sittings of the Court on Court days held in the place where he keeps his office. He is to execute all such warrants, decrees, monitions and instruments and orders 9» iibi&W be issued from the Court and be directed to l^im* and he is to make due return thereof and to do ana perform all the other duties imposed on him by these or any future rules, or by the practice of the Court* LVII. — Consolidation of causes. 265. If two or more causes be brought against the same property the petitions in which have been filed iu the same office, the Judge or Surrogate Judge, as the case may be, may consolidate the same, and may afterwards if necessary dissever the causes ; but an application for the consolidation of or afterwards for the disseverance of two or more causes wherein all the petitions have not been filed in the same office,^ shall be made to the Judge. » 266. Cause and cross cause of damage may be directed by the Judge or Surrogate Judge, as the case may be, to be heard at the same time, and upon the same evidence, but if the petitions be not filed in the same office the order for the hearing shall be made Vkir f.Vl£k Tiirl/»rv li 58 267. The Forms hereto annexed shall be followAri I ^as nearly aa the circumstances of the case wiU S UX^Fees. ^nf tif^o^ ^^^ • ^ ^^ P^'"^.*^ *^^ practitioners, officers lo^HhTSeiTe n::r *'^ "^"^* ^^^" ^^ - -^ Sve nnHnI i?T.* • Supreme Court of Canada must give notice of his intention to appeal to the nnnnlVfJ^ frSl'" fi"««1f pronouncing rise the appeal reme Court. the Registrar he Court may s fit; and may- ill Court or in an officer of its filed with d, the officer ►cuments are signed by the r documents, proceedings p other docu- ■t if they are before they mission is to expense of e office from 272. As soon as the purpose for which any such documents are required is completed the officer to whom they have been sent is to retransmit them to the office from which they were sent. 273. The Registrar and each Deputy Registrar shall keep in his office a book to be called " The Proctor's and Agent's book'" in which each proctor residing elsewhere than in the place where such Registrar's or DeT)uty Registrar's office may be is to specify the name of an agent being a person entitled to act as a solicitor or attorney-at-law in Ontario, and having an office in such place, upon whom pleadings, writs, notices, orders, appointments, warrants and other docmnents and communications connected with any cause Ox matter in the office of such Registrar or Deputy Registrar, as the case may be, may be served. Dated this 31th day of December, 1877. KENNETH MACKENZIE. SCHEDULE A. Referred to in foregoing rules, FORMS. In filling up the forms the following directions shall be observed : Distinguishing Number of the Cause, The distinguishing number of the cause referred to in Rule No. 3 shall be written m the margin of the several documents. ' X ■ I; a » t * Si'! f !■ If,. N 1 :i l«, .1 60 , Title of the Cause, If the cause is instituted against a shin «,. ,,^- i iVamg md Nature of the Property, of the ?eA oVvesLlVe^lr^ *" ''^^^P^? tackle, appai^l and fS^""^"**'^ '^'^ «««'«'•' J**' ■ If ^nst the ship and freight the description shaU whereof ^^^^^ """^^ " The tacWe, apparel and fuSre^ndteTeiSJ^^'l^r Jte?'"^*»«- of the ca^go no^oaV'y^len shLu?«'4f "' ""'^"""'^ ^'^'t^ *« description whertof *" ''^'''^^ ?"«'' the *^ her tackCSel and ilZi^'lA ""^ '^^'' Name of the Party. »??*"" r ^-^/-^. or flOT« /."« iaiitime Court of Ontario, and to all and sinmilar his substitutes,— .Greeting. singular We hereby conunand you to release the wam^t ' ^''''* ""^ ^"' '^^^ ^^"'^ ^y ^i'"*"^ of our _ Giv6n under the seal of our said Court at ^^® day of ^^%%m said shares ^ount TO me sum of dollars or thereabout. 2. The said vessel is now lying at and i- m the possession or under the control of " thereT^d?fih*'f^T*'r> «i^ty-fo»rth shares t^eTalfS -*-sttherein fo/her sKt^^mt t^l^^^"-^ ^-' "^ OnTa^rarfn^^X^t . Sworn, ic. . ^ the dayof,&c. ^- ^* fJO m my posses* but have not f Hestraint a the lawful ires of the the port of ares amount 3about. and is in urth shares y him on a mt. FORM No. 13. Affidavit to lead Warrant in a cause of possession. In the Maritime Court of Ontario. (State title of cause,) I,A. B. of&c. make oath and say as follows : 1. I am the lawful owner of (state the number of shares) sixty-fourth shares of the or vessel belonging to the port of, 2. That the said vessel is now lying at and is in the possession or under the control of (state the name, address and description of the person retaining j)0S8es8ion and state whether he is the master or part owner, and if owner of how many sharps,) and the said refuses to deliver up the saihe to me. and the certificate of registry of the said vessel is also unlawfully withheld from me by the said who is now in possession thereof. 3. The aid and process of the Maritime Court of Ontario are necessary to enable me to obtain posses- sion of the said vessel and of the certificate of registry. Sworn, &c. A. B. restrained* ^en to the I return to md process scessary in B. u f I r m I h 70 FORM No. 14. Notice of sale. In the Maritime Court of Ontario. (State title of the cause,) Whereas a cause of has been instituted in the Maritime Court of Ontario on behalf of against now lying at under arrest by virtue of a warrant issued from th^ said Court, sxid no demurrer or answer has been filed in the said cause : This is to give notice to all persons who have or claim t^ have, any right, title or interest in the said that if a demurrer or answer in the said cause be not filed in the office of the Registrar (or Deputy Registrar) of the said Court at within six days from the publication of this notice, the said Court will order the said ^ • ^ to be sold to answer the claims instituted, or to be instituted against the same, or l^ake such order in the premises as to it shall seem E. F^ Registrar or Deputy Registrar, at Date Taken out by FORM No. 15. Notice of proceedings in a cause of possession. In the Maritime Court of Ontario. ^ (Title of the cause.) Whereas a cause of possession has been instituted in the Maritime Court of Ontario on behalf of agairst the or vessel called the now lying under arrest bv stituted >r arrest I Court, the said ho have in the iswer in of the yourt at plication he said claims ime, op II seem strar. ton. tituted led the rest by .». ■ ■^-* . » ' ! tl i :=<.„prl fi-om the said Court, and virtue of a warrant Issued ft om ^^^^ .^ ^^ cause no demurrer or answer ""f " nftraons who have or ""■niiB is to give ''tttt^ovi^^o^i^^*^'' said ^1^ to hav«an?f^8hM^„er or answer in the said , not med hi tb^" ffice of the Registrar (or witU six days from "^^ P^" e^sion of the said I>af«. E. F. Kegistrar, ov Deputy Registrar, at ♦Taken out by ^ FOB^I No. 16. Writ under a decree of possession. In the Maritime Court of Ontario. frr^ nf the United Kingdom ^Te; AJ^Kdlr^^d! V^n, defender of the Faith. substitutes.— Grreetmg. ^f r^n««A^sion institutcd in our Whereas in a cause of possession ^^^ ^^^ said Court on behalt ot fe^^^ ^^^^^^ apparel, or vessel called the ^ intervenmg) and furniture (and agamst ^^,. of the said our said ^o^l^^^S^jr.r.^y^J^^^'^^^ or his lawful attorney for his use. We therefore hereby command you to release the said vessel, her tackle, apparel and furniture from the arrest made by virtue of our warrant in that behalf, and to deUver possession thereof to the said or to his lawful attorney for his use. Given under the seal of our said Court at the day of E. F., Registrar, or Deputy Registrar^ at Taken out by 1 ^i FORM No. 17. Commission of appraisement and sale. In the Maritime Court of Ontario. Victoria by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To the Marshal and each Deputy Marshal of the Ma- ritime Court of Ontario, and to all and singular his substitutes, — ^Greeting. Whereas m a cause of ^ instituted in our said Court on behalf of against (and against intervening,) our said Court has decreed the said to be appraised and sold j We there- fore hereby authorize and command you to reduce into writing an inventory of the said and having chosen one or more experienced persons, to swear him or them to appraise the same according to the true value thereof, and upon a certificate of such value having been reduced into writing to cause the said to be sold by public auction for the highest price not under the appraised value thereof *• t3 And we further command you, immediately upon the sale being completed to pay the proceeds arising^ therefrom into our said Court, and to file the certifi- cate of appraisement signed by you and the appraiser or appraisers, and an account of the sale signed hy you, together with this commission. Given under the seal of our said Court at the day of, &c. E. F., Registrar, or Deputy Registrar, at Taken out by FORM No. 18. lited Kingdom n, Defender of Id ; We there- id persons, to Monition to bring in Certijicate of Ship^s Register^ In the Maritime Court of Ontario. Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To , Greeting. Whereas in a cause of instituted in the Maritime Court of Ontario on behalf of, against the or vessel her tackle, apparel and furniture, the Judge (or Surrogate Judge) of our said Court at has ordered a Monition to be issued" against you to bring, in the Certificate of Registry belonging to the said or vessel which is in your possession or under your control. We, therefore, hereby command you the said to bring within six days from the service hereof (exclusive of the day of such service) the said certifi- cate into the omce of the Registrar {or Deputy Regis- trar,) of our said Court at to a^Wa fi.. .judgment of our said Court concerning the same. the Given under the seal of oui- biiid Court at day of, Taken out by E. F., Hegistrap, or Deputy Registrar, at FORM No. 19. , . 4 ttachmen t. In the Maritime Court of Ontario. ^Tfir^i W?-^''^!i^C^?^^^^^« United Kingdom the F^fth.^"'"^ ""^ ''''^''^^ ^^-^^^ Def3?f '^V'^r^^ singular our Justices of the iVace ShAviff )^// . . manifest contumacy and contemnf in red to in Rule 268. Counsel, On argument in Chambers in cases proper for the attendance of counsel (to be increased in the discretion of the Judge or Surrogate Judge not beyond $10 to be ^narked at the time) $ cts. 2 00 Foe on settling pleadings, replications (when special) and advising whether cause should be heard on petition and an«wer, or set down for examination and hearing and advising on evidence (to be increased in the discretion Oil ^.nt\ Tll/'lnr/ik /^w . 1 Mto^ nr> 4- ^ T..J~^ i. _ J. exceedingflO 2 00 r: On special ftpplicntioiis to the Court, only to be increased in the discretion of the Judge or Surrogate Judge 5 q^ Arguing demurrer, or other special argument, or at the hearing of the cause, only to be increased in the discretion of the Judge or Surrogate Judge jq qq Fee to be allowed on settling special affidavits used in Court (to be increased at the discre- tion of the Registrar or Deputy Registrar to a sum not exceeding |5) , 2 00 On special and important points and matters requiring the attendance of counsel, the Judge or Surrogate Judge, Registrar, Deputv Re^- trar or special examiner may, in lieu of the tees for attendance, allow a counsel fee when counsel attend the same to be noted at the time. Fee on consultation when necessary 5 oo Proctors. Instructions. Instructions for suit or to defend 3 oo For such important step or proceeding m the suit as the Registrar or Deputy Registrar is satistied warrants such a charge 2 00 For special affidavits when allowed by the Re- gistrar or Deputy Registrar j qO Instructions for brief. j qq ?7 Pleadings. $ Ctij. Drafting petition not exceeding 20 folios, in- eluding copy to keep 4 OO For every lulditional folio above 20 to be allowed in the discretion of the Registrar or Deputy Registrar 20 Drafting answer or other pleading or proceed- ing, per folio 20 Fee to plaintiff's proctor perusing answer 1 (K) Affidavits. Drafting affidavits, per folio. . . 20 Affidavit of service including attendance to swear copy and oath 1 00 Perusing copies of affidavits filed or served by the opposite party, per folio 05 Copies. Engrossed copies to file. Copies to serve per folio 10 Copies of order or other documents required to be served per folio 10^ Briefs. Brief per folio including briefing and fair copy of pleadings, depositions, afficlavits and neces- sary documents subject to be reduced by the Registrar or Deputy Registrar if the same contain superfluous matter or be of un- necessary length or if the dates thereof be omitted 10 v/LrScrvai/ions ov Oi/iier origuiai iiiri>i/i>or ni ionci, per folio 20 ith ' ,1 t8 Orders, Drawing special minutes, per folio prepared by the proctor q 20 Appointment to settle or pass decree or order, copy and service ^ q 3^ [When served on more than one party, the extra copies and service are to be allowed.] For every hour's attendance before the Regis- trar or Deputy Registrar by his appointment, on settling minutes or passing decree or order, if noted by the Registrar or Deputy Registrar or otherwise proved \ qo The fee on settling minutes or passing lecree or order, may be increased in the discretion of of the Registrar or Deputy Registrar in special cases to a sum not exceeding $5.(X) where the proctor attends personally on such settling or passing. When the minutes are settled or decrees or orders passed between the proctors, the Regis- trar or Deputy Registrar shall have the same discretion as to the amount to be allowed. Pee on all decrees and orders to the party obtaining the same \ qo Process, Prcecipe for any process including attendance with.... 70 Fee on all writs to the party obtaining the same 2 00 If it should become necessary for a proctor to perform services for which no fee or costs are herein specified, such fees or costs shall be allowed to him therefor as would be allowed for similar services in a suit or matter in the Court of Chancery at Toronto. I ( Attendances. Attendance on a motion in Chambers i q^ Attendance on Eegistrar^s or Deputy Regis- trar's warrant or appointment or before a special examiner or referee, on examination of witnesses, per hour j qq, To be increased in the discretion of the Regis- trar or Deputy Registrar to f... 2 00- [On special and important points and matters requiring the attendance of Counsel, the Judge or Surrogate Judge, Registrar or Deputy Registrar or special examiner, may, in lieu of the fees for attendance, allow a counsel fee when counsel attend the same to be noted at the time.] Attending consultations of counsel per hour, where the Registrar or Deputy Registrar is satisfied such attendance is beneficial to the client 2 0(> Attendance on taxation, per hour ; . . . . 1 (X> Every necessary attendance 50- Attending to make each copy of the petition not exceeding five, an office copy 50- Letters. Letter to each defendant before suit when sent 50 Common letters in suit, each „,.. 50- Common letter between proctor and client. . , 50 ?;.«r«>»«tr^-. '■".: ienf^ ,5 !'; 80 $ ots. With power to the Registrar or Deputy Regis- trar in both cases to increase the fee for special letters to an amount not exceeding. 2 00 No letter is to be allowed unless the Regis- trar or Deputy Registrar is satisfied of its necessity. Necessary agency letters in the course of a To be increased to a sum not exceeding $5 in Registrar *^' ^'«''"'" "^ ^^P"*^ Assessors. Each, per day (to be distributed rateablv n?! ''^"'^' '^'^^^'^ *^'^^ ^^^ tried i^ ^ ^^-^^ ^ 6 00 Special Examiner. Every appointment ^ ^^ u 50 Administering oath or taking affirmation o 20 Marking every exhibit q .^ Taking depositions, per hour j qt. Fair copy for solioitor,per folio (when required) 10 ^ two i^^.''^^'''^ """^ ^^ ^^^^ ^^^^ ^'thin • • 2 00 85 Every attendance over two miles out of office. Extra per mile q 20 Every certificate q 59 Making up and forwarding answers, depositions, etc., including filing proecipe 50 Every attendance upon an appointment, when solicitor or witnesses do not attend, and examiner not previously notified 1 00 Allowance to Witnesses. To witnesses residing within three miles of the place to which summoned, per diem 1 00 To witnesses residing over three miles rom such place 125 Barristers and attorneys and proctors,physicians and surgeons, when called upon to give evidence in consequence of any professional service rendered by them or to ^;ive opinions, perdiem " 4 qq Engineers and surveyors, when called upon to give evidence of any professional service rendered by them,or to give evidence depend- ing upon their^skill or judgment, per diem. . . 4 00 If the witnesses attend in one cause only, they will be entitled to the full allowance. If they attend in more than one case they will be entitled to a proportionate part in each cause only. 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 one shilling per mile one way. KENNETH MACKENZIE. Dated 31st day of December, 1877. 1 * "ii : id 86 PRIVY COUNCIL CHAMBER, Ottawa, 11th day of February, A.D. 1878, I, the undersigned, do hereby certify that the fore- going general rules of the Maritime (Wrt of Ontario with forms and tariff of costs and fees, were approved by His Excellency the Governor General in Council on the eighth day of February instant, under the provisions of the 8th section of " The Maritime •Jurisdiction Act, 1877." "wtime W. A. HIMSWORTH, Clerk of the Queen's Privy Council for Canada. PRIVY COUNCIL CHAMBER, Ottawa, 13th day of February, 1878. I, the undersigned, do hereby certify that the followiug Tariff of fees to be paid by suitors in the 1 oTiJ, S^\^^''^'^°'' ^^"^"^^ ^^ ^^««ncil on the k lA^l ^ ^.^^^"^ry instant, under the provisions of f^77^V.T'T ^^ " ^^^' ^"^^*^^^ Jurisdiction Act J-o/ /," that IS to say : ' On every petition by which a cause is instituted. $2 00 On every answer or demurrer filed i qo On every replication filed j q^ On every order, decree, office copy and other documents sealed with the seal of the Court. 50 On the hearing of every cause 2 00 On the hearing of every appeal from the Regis- trar or Deputy Registrar! . f . 2 00 W. A. HIMSWORTH, Clerk of the Queen's Privy Council for Canada. INDEX. uted. $2 00 No. of Rule. ACCBPTANfOE of service equal to persoaal servi' q 11 Need not be verified by affidavit 12 Accounts, Registrar, &c , may take with rests 186 To be brought in in form of Dr. and Or 189 Items in to be numbered 189 Books of, may be taken as prim/l facie evidence before Registrar, &c 190 Warrant to proceed on how underwitten.... 193 Surcharge — notice to be given 195 Of sale to be brought in by Marshal, &c 212 To be taxed by Registrar or Dy.- Registrar.. 213 Who may appear on taxation 213 What books of to be kept by Registrar 240 Such books open to inspection, &c 241 Admission of service need not be verified by affidavit 12 As to costs when facts should have been admitted 165 Admit — Notice to effect of 150 To be served two clear days ISl Address for service to be left by party suing in person S Advertisement of notice of cause and intended sale 55 When two or more causes against same property 57 Or proceedings in possession cause 61 Affidavit includes affirmation — >leclaraiion.. 1 Of service dispensed with wheie acceptance 11 Of petition what to state 35 To be filed before notice of motion given.... 19 In answer when to be filed 19 To be entitled in cause or matter 144 To be expressed in first person 144 To be divided into paragraphs 145 Name, address and description of deponent required 146 Juratof 146 Not to be sworn before party or his proctor 147 When made by blind person 14S H No. -AFWDAviT-Or illiterate ©^ R«le. To shew means of knowiedjre }'^^ Cross examination on ^ ^^^ racandalous matter in ^^ Not drawn in conformity" to 'ruiernnT'fi^'K * ^^® need without permission _ '^^^ *^ ^^ ,,^ Vt unnecessary Jen fifth, costs of , ® On production-form of ' ^ ?! PnT^'T* J° "^"«« o7 iesiraint:*:.:" ^?S To lead warrant ,n caa.e of possession .... 48 formot. Form No. 13 ^ Causes may be proved by * Bu only on special order ..;;; {J? AFPiRMATioN-included in Affidavit ^^2 Allowance of service...*.'.'.* 7 Ambkdmbnt of petition . H 35, 36 When allowed wi'thouf 'order ^^ In all other cases order requi';ed ;:::; ^ When new engrossment required II Wh^rftr cJcVuitr i^tf ^^' ^^^^^^^^ ^3 stated by .?.?.!. *^ ^^'^'* ^^'^«« ^^aj be When by supplementary netiti'on ^^ A„^sw„orde»„rrertos^upP;{;rnUy>-,tai;-. <« Time for answeri'n'ff *after ^^'" ^^ Defendant to return o" fo*; ^®' ^^' ^59 May be ordered at any staire ' ^^ Duty cf J.idcyA t« „n°l. ^*^® 152 No^^nr//"^^^ ^° allow-When No proceedrng to be defeated by*fo;mai 163 li objection Of order not confor'ming*i*o*judffmen; JSJ Of clerical error in ordJr in «»;* u ^^5 AifswER-copy of to be served ^^ambers 175 ^me for in cause in rem','/.', «; nX"' J^ ""IrweX^^^ °^ Petaion-eff;'ci/d''f?{/;'^^^ answer .. " P^""°° amended after All defences to be by-oV'by d^-iur^e'rU'c." 99 40 ANSWBB—Form 01 Need -t Bilencb n What sta by Adniissio How adn Suppplen Petition placed I Appeal from orde Costs 1 ( From Re{ not raii To Supre Applications in < May be h attend Majr be n Affidavit 1 In Cham Appointments be warraE Appraibbmbnt an Argument of caui are exam Arrest of ship ai Of prope Release < Expenses Caveat 1 Of propt and nc Assessors— Judg To atten How sun To be se When mi When nf To be p« Which i Buttob( order Ill Answer— Form nf— (Porm No. 9). 104 Need t be under oath... IO4 Silence not implied admission of petition ... 105 What statements in petition to be admitted . bJv: 106 Adiiiissions in may be for suit only 106 How admissiona ' ^ to be made 107 Suppplemental -i 1 allov>ed 108 Petition and answer — Tvhen cause to be placed on list for hearing on i.2, 113, 114,115 Appeal from order of Examiner 133 Costs I discretion of Judge, Ac 133 From Registrar, costs wh a points relied on not raised before Registrar 202 To Supreme Court, notice of 269 Applications in causes before whom to be heard.... 14 May be heard on future day if Judge do not attend at time named in notice 17 Majr be maae either in Court or Chambers.. 18 Affidavits to be filed before notice given 19 In Chambers too ^rrule caveat 89 Appointments before Registrar all to be in one warrant 198 Appraisement and sale, commisson of (Form No. 17) 211 Argument of cause to be bad at same time witnesses are examined 164 Arrest of ship and cargo how eflfected 26, 27, 49 Of property in second or subsequent cause.. 63,54 Release of property under 71 etseq. Expenses of to be paid before released 77 Caveat agaiast 80 etseq. undertaking to give bail 81 Of property aftc undertaking to give bail and no bail given 84 Assessors— Judge may require attendance of 166 To attend on being summoned 167 How summoned 167 To be selected in rotation 169 When may be removed from list 167 When name may be passed over 167 To be paid $6 per day 168 Which is to be costs in cause 168 But to be paid in first instance as Judge may order 168 IMAGE EVALUATION TEST TARGET (MT-3) // I £/ A^ A^ .V ^£^ K 1.0 I.I 1.25 2.5 2.2 U 11 1.6 ^1 e TW ^;; m /^ y/ f 7 •'«/ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. I4;>80 (716) 872-4503 % ly U'- No. of Rule. BAIL-BOND— (Form No. 6)., 69 One witness to only required 69 Sureties must justiify 69 To be filed with Registrar or Dy.-Registrar. 70 Appointment to consider 70 Twenty-four hours' notice required 70 What notice must contain 70 Registrar may allow or disallow 70 Registrar may enquire as to sureties.. 7o When bond allowed, property released 76 Bail in second or subsequent cause 54 For latent demands 239 Undertaking to give 81 After undertaking, when to be given 82 If not given, cause may be taken pro con,., 83 Arrest of property after undertaking, if no bail given 84 Property may be arrested, notwithstanding undertaking 65 But at risk of party as to damages and costs 85 If undertaking not filed in office where petition filed, what to be done 86 Bank — money appointed to be paid, to be paid into.. 208 Party to whom payable to name 208 Agent's certificate of default in payment.... 210 Blind person making affidavit 148 Books of Account to be kept by Registrar 240 To be open to inspection 241 Mav be taken as prima facie evidence before Registrar , .., 190 Bond— Bottomry, see Bottomry. For security for costs 227 See Bail Bond Bottomry — Original bond to be produced 45 Copjr to be fled before warrant granted 45 Registrar may waive producing of bond 46 CARGO— How arrested 26,27, 4^ Arrest»'d for freight onljr, may be released on payment of amount into Court 74 Garriagb of decree or order by opposite party 177, 178 Gause, how instituted 3 To be numbered in order as entered 3 Number of, to be on all papers tiled 3 Gross- causes of damage may be heard together. \ 266 V 1 }Ho. of Rule. •• 69 1 •• 69 )• • 69 r. 70 <•• 70 1 •• 70 • • 70 • • 70 >•• 70 !•• 76 t • 54 )■• 239 • • 81 »•• 82 !•• 83 10 • • 84 R • • 65 ts 85 re *• 86 >.. 208 • • 208 • • 210 •• 148 • • 240 • • 241 re • • 190 )•• 227 ' •• 45 1 •• 45 1 •• 46 No of Rule* CAVKAT offaM »«rr«n«. (Form No. 7) -SO** «^. bS? DWty^StiSk of cosU and damages 86 ^bJ!i not entered in oiBce, where petiUon ^ filed ""; .76,78 lfrtlS'ran»'^»''°^^"'*l'>'=-; 2'^ Chanobby- All caveats remain in ^ gsi-:?rne'7««eT.;rp-r-oy 3, Cbrtificatb that propeny uc ^^g^^ 2nd cause......"- ;**;";*.:Vftn" 53 54 Must be seryed with petition '^u Ofstate of cause......... 15 n«AMBBE8— Motions to JudRe in 20 lK^onlt''r»o?de;ri^6•ourt^ m ,?_p"eading8 similar to those m-^ ■■■ 6? Effect of note pro con. ..sa"' »= ">■" .V. ij 0HA»«E0f proctor orS^Sfdifohimbors.^ 175 ^'^^'"VJ^cMt^o^^^^r^^ by formal objec tion " After order n>ade for security wr^ ^^^ Consolidation of causey. .^....—^^ f^,eign Consul, notice to, in wag 44 ship ....•••••••••••; -^Y^'ije exammed. jj Oo».™Pynnot^tten^^^^^ ^--^TdirosH^^;-^^^^^^^^^^^ 100 words per folio 254 254 VI No. of Rule. -GoRPOBATioN — Included i^ masculine gender 1 *' word person 1 Service on 31 €08TS— Tariflf of 223 Party demurring liable to, if grounds not stated 101 None allowed for pleadings, etc., not con- forming to rule 117, 118 When scandalous matter, kc 119 Of unnecessary length, &c ..., 121 '^ proceedings 220 Of appeal from order of Examiner 133 Effect on of notice to admit 160 Of proving facts which should have been admitted 166 Of Assessors. (See Assessors.) When party employs Proctor, though Re- fistrar has named one to represent im 184 Of reference, Registrar may report as to what part should be allowed 194 Of appeal from Registrar when points relied on, not raised before him 202 Common attendance allowed on attending for Registrar's report 205 Sum in gross in lieu of taxed 219 Party and partv, what may be allowed as... 221 When two defendants defend by different proctors 224 When two defendants defend separately by same proctor 224 Payable by one defendant to another 226 Order for payment of, after taxation 230 Objection to taxation, how made 231 Of printing proce dings. 249 See Security for Cfosts See Taxation of Costs douNSBL required for motion in Court 20 Unless party appear in person 20 Signature of, t«> pleadings unnecessary 39 May attend before examiner 137 Court — Motions to Judge in is Motions may be transferred to Chambers.... 21 Sittings of, to be fixed by Judge, etc 23 Payment into and out of--/S'e*e Payment. No. >f Rule. 1 1 .. 31 .. 223 >t .. 101 17, 118 . 119 . 121 ,. 220 . 133 . 150 I . 165 205 219 221 . 20 . 20 . 39 . 137 : l\ . 23 vii No, .of Rule* BxAminati6n on affidavit....... ■ JJ? do 48 hours notice to proctor...... 139 do to follow examination in chief ISb- 266 266 Tk AMik ftR—Cross-causeB of, may be tried together.. ^^^^ Order for, when petition8.not filed fn same naoLARATiON included in " affidavit'* }■ SfoRtSs and Orders to be entejf ** ^^^^^^ Z;, 1?0 Unless otherwise ordered J' Liberty to apply unnecessary J^^ Sums to be in $ & c • • ••.•"i When conditional order, &c., not complied with. 173 Chamber" Orders have fo'^^JJ^J^^Y.! 174 ASendmenrornoVconfo^^^^^ ^„l Amendment of clerical error ir...^. ....V": tHS brought into Registrar's O^^e ^;;^];;;; ^^ 14 days *. ■•* , * 177 -t^jft Oarriat^ of, by opposite Pa^y ...:•• ••.•••••• 1". J^* Appointment to consider by Registrar i« ToV under seal of Court. '^^ See References. jg ^^ D„^„.T_causes « ""^^--Vi^rforhearing 58 ?er^Sns entiV to appear at hearing. ...^.. ^ W a^o?TroSn%-to b;^aMZ 61 Whe^to be placed on list for hearing.......^^ J» Cause in personam by... ..» ^ Note pro con, to be enterea ^^ DiL«— dismissal of petation for ••• Vlll No. . « , of Rule. Dbmubbbr— time fdr demurring 98, 99, 100 Who may demur when cause tit rem 100 Form of (Form No. 8) loi Bflfectof 38 Matters for argument to be stated id Costs of demurrer allowed on ground not stated r 101 To be set down for argument 102 Dav for hearing first appointed 102 Defendant may set down if Plaintiff does not 103 All defences to be by or by answer or both.. 40 Copy of to be served lo Depositions before whom may be taken 134 To be read over by examiner 140 Witness refusing to sign 141 To be filed 142 Examiner to furnish copies 143 Cause may be proved by 159 But only on special order 161 Dbputy Marshal. ) o Dbputy Registraar. j ^^^ "^^nom matters. Dbtainkr may be taken out with warrant 5!^ But at expense of party taking ' May be served by any body 52 Detainer to continue in force six days 52 Form of (Form No. 4) '. 52 Dies non— when time expires on 226 Dismiss — motion to 2I6 et sea. W^hen may be made 2I6, 216, 217 When plaintiff do not attending for exami- nadon X29 W^hen plaintiff do not obey order to produce 129 ENDORSEMENT~On petition when cause in rem... 24 _ , do do in personam 24 To be set out in affidavit of service 37 Evidence, if part of examination used as all may go lu .., 131^ What kind allowed '....169 161 Of witness may be taken at any stage ' 160 Books of acco ant may be primd, facie 190 BxAiiiNATiON, of parties 126 May be without order ."T.l... 126 Of party on whose behalf suit brought....'.,'..' 127 Plaintiffmay be examined after answer filed 128 And at bearing 128 IX No. of Rule. 99, 100 •t.f 100 !••• 101 >••• 38 >*•• iOl ot >•!• 101 • •• 102 • •• 102 Ot 103 h.. 40 • •• 10 • •• 134 • •• 140 t«« 141 • •« 142 • •• 143 «•• 169 • •• 161 • • * 62 • •• 62 • *• 62 • • 226 15 et seq 216, 217 Ql- !• •• 129 ce 129 t... 24 im 24 - •< 37 ay ■ * •• 131 169, 161 • • •« 160 • • • 190 K •• 126 • • •• 126 »«• 127 ed 128 .«• 128 No. of Rule. Examination— Defendant may be examined after time fur answering 128 And atheariag 128 Contempt in not attendin^ir to be examined. 12^ If plaintiff do not attend petition may be dismissed 129^ If defendant do not attend petition maybe taken />ro. con 129 If part of used, all may be put in 131 Party admitting possession of document on, to produce it 132 Exception in certain cases 132 Appeal from order of examiner 133 Costs of appeal in discretion of Judge, &c... 133 48 hours notice of, to opposite party... 136 Cross-examination to follow immediately.... 136 Counsel or Proctor may attend 137 Examiner may ^ut questions. 137 Cross-examination on affidavit 138 48 hours notice required •[39 Examiner to read over depositions 140 Witness refusing to sign. •• 1*1 When completed, depositions to be tiled 14^ Parties entitled to copies 143 Of witness at any stage of cause. ibu 0^ witness who has made afndavit loj Of witnesses of all parties at hearing 163 Of witnesses on reference to Registrar 187 Before whom, may take place 187 Execution of warrant :V' w««l ' of arrest of property to be paid before release EXPENSBB 26a FEES— Tariflfs of, for Officers, Practitioners, Witnesses, Fbmininb included in masculine JL Polio— 100 words in -."::• "vrVIV.VJr 44 Foreign vessel, notice to consul m ^ages cause ^ Reeistrar may waive such notice ...... ....... ^ language, translation of bottomry bond. Formal objection, not to defeat proceeding 46 164 267 Forms, to be followed as nearly aa may be ^^7 Freight— How arrested • •• » *,. Cargo arrested for, how released '* . •- No. GENDER— Masculine includes feminine .?. " i Goods— How arrested 26, 27 49 HEARING— When cause bv default, placed on list.... 58 Court to make such decree as may be jupt... 69 Persons entitled to appear at, in causes by default go Cause of possession by default when placed on list 62 When cause in personam by default 66 When defendant may be heard at hearing pro. eon 68 Pro con. in default of bail as per undei- taking 83 When cause to be placed on list for, after answer 112 et sea. Plaintiff and Defendant may be examined at 128 After issue, either party may enter cause *or 155 Time and place for, to be fixed by Judge, Ac. 16e If Plaintiff do not apply for order, Defen- dant may 156 May be ordered before any Judge, Ac...'.!!.'. 157 Transmissions of pleadings, etc from one OflSce to another isg What kind of proofs allowed .!!l59, 161 When cause called on for, witnesses to be examined ,,. iq^ Causes to be argued at same time. .!.*.*.' 164 _ 0/ reference. See Reference. Holidays— Not included in time for notice of motion IT When time expires on, Ac 255 Hours— For service on Proctors, what 257 Effect of service after ,..*,. 258 OfiSce, what ;. ' 260 ILLITERATE person making affidavit... 148 Institution of cause ."**" ^ Intbrprbtatign.... ..'../...'.*.'.".*".*.*.'.*"'* ""°"" ^ Intbrvenb— Persons entitled to,"* at * 'hearing" bv default ^ J Irregularity, setting aside for *".*.V/.'...V. ".V./".**. 22 Formal objection not to defeat proceeding.! 154 j IssuB— joining ^^ ^ ° IqJ* When replication to be filed!. V""!!'..V.V.V .!.*.*.' 112 58 6& 60 62 66 68 83 IT 265 267 268 2( 160 148 a 1 60 22 154 i 109 112 No. of Rule. JUDGE— 5« Interpretation 1 To hear motions in causes in Registrar s Office 1* Surrogate, in causes in nearest Deputy- Registrar's Office 14 Or Surrogate Judge to take examination of witnesses himself, if possible, when same to be used at hearing 160 MARSHAL— -{?«« interpretation..... 1 Warrant to be addressed to 4( General duties of. 263 Deputy 47,263 Mascolinb— Includes feminine l And bodies corporate • 1 Money— /S^e Payment into, and payment out ot Court. ._ Monition— To bring in certificate of Registry (Form No. 18.) Month— Means calendar month.....^^..... l Motion— In a cause in Registrar's Office to be made to Judge 1^ In a cause in Deputy Registrar's Office to whom made ]f To be upon notice, not by summons 15 When notice of, may be served 16 Two clear days required 17 Short notice of •••.•*• If Judge do not attend at time named m notice ••• •• ^ }l May be made in Court or Chambers 18 Affidavits to be filed before notice of, given 19 Affidavits in answer when to be filed.... 19 To dismiss petition 215 et aeq. NAME of Proctor to be endorsed on writ, &c 6 Of party suing or defending in person, do .. a National character of vessel to be stated in causes of necessaries and of wages ;•• 44 NBOBSSABiES-Contents of affidavit for warrants in cause of ; Notice of motion— /See Motion. Notice of cause and intended sale oo In second or subsequent cause "' Of appointment to consider bail bond v) To atoit effect of. - ^^^ All ( Zll No. of Rule. Notice — To be served two clear days > 151 From Registry, how sent 242 Of appeal to iSupreme Oourt 269 Of sale, form of (Form No. 14.) Ot proceedings in possession cause (Form No. 15.) Number — Causes to be numbered 3 Of course to be written on papers pleb 3 OATH— Includes aflSrmation, &c 1 Objection— Formal not to defeat proceeding 154 Office Copy of petition to be served.. 24 To be under seal of Court 252 Orders— Hours, what 260 See Decrees and Orders. * Order to produce, when and how obtainable 122 What documents need not be jiroduced 123 Does not require personal service 124 AfiBdavit on production, form of 125 Contempt in not obeying 129 If defendant disobey, petition may be taken pro con 129 If plaintiff disobey, petition may be dis- missed 129 PAPER— form and size to be used for pleadings, Ac. 117 Parties — Examination of 126 On whose behalf suit brought 127 See Examination Party and partv costs, what may be allowed in 221 Payment into CTourt, release from arrest by 73 when cargo arrested for freight 74 of gross proceeds of sale 212 to be made into Bank of Com- merce, Toronto... 232 with privity of Registrar 232 direction to the Bank 233 Bank to give receipt..... 234 Banks certificate of default 210 Out of Court 171 only by order countersigned by Registrar 235 order to be left with Registrar.. 236 how countersigned 237 caveat against 238 bail for latent demands ,j. 239 • •• 209 209 1 1 No. of Rule. PAVMNT-of money to party, Bank to be named........ 208 PAYMNT 01 mu j ^.^/'i^^ made to joint credit of Registrar and party.... ^"8 or to credit of party only....;.- if to party only he may receive witnout order ........-••• •• Pbebon, party suing or defending in^^.e Proctor... PBn80KAM^«E^^'^'^-~*^¥^^'"^^ II PBnsoKAM ; ,.^.^^ ^^y ^, 3,,,,d 28 By default .••• ^ ? PBTiTioN-cause commenced by • ^ Wbat to contain •• 24 Office copy to be served • „- iJndorsement on wh. n cause tn rem 25 12 weeks ^2 To be served within AffidavU of serv^^ce of what to state. Copy of to be served with warrant - 33 37 47 I^n L^co^dV^ubVequent cause against same rTrnnertv what to be served With m.o* wCmaJirdismissed for want of prosecu- ^^ ^^^ n answer. When c^use .0 J.e^^^^^^^ Pleadings— Name, &c., ot *^ro<^^°^ _ " " 6 Mode'andeffecVoTyameas'inOha^^^^^ ^ pSwers of Court or Judge reBpectmg ......... g Kufe'iTcounse^^ ui^eces'sarf r. 39 Must all be filed in same office •• ^^g May be written o^^printed...... ...... ."-— ^^g If wholly printed dates, &c., to be m ngur«B To be divided into paragraphs ^gl Of unnecessary length, costs oi •• ^gg To be sent to place pf bearing.-..""---' •• • 248 No more than 4 copies written allowea...... ^ fnplnded in singular .— •* ' 1 ■Dr **n 4T. XIV No. of Rule. rossBSSiON— warrant in cause of may issue on aflSda- vit filed 48 Affidavit to lead warrant in cause of (Form No. 13). Cause of by default 61 et sen. Notice of proceedings in cause of (Form. No. 16). With under decree in cause of (Form No. 16). Post — Notices from Registry may be sent by , 242 Posting up papers in Registrar's Office, Ac ... 7, 9 Pbimting proceedings, &c ne Ir wholly in, dates Ac, to be in figures 116 Costs of what allowed 249 Defendant entitled to two copies, Ac 260 Proceeds of sale to be paid into Registry 56 Process of Court to be prepared by Registrar..,. 243 Pro Confbsso — cause in personam Qietseq. When defendant may appear at hearing, 68 EflFect of note /?ro eon 66 When bail not given as per undertaking 83 When defendant do not attend to be exam- ined 129 When defendant do not obey order to pro- duce 129 Proctor See Interpretation „ ,'." \ Name of, Ac , to be endorsed on writs, Ac...... 6 Papers may be served on 7 And agents book .....274 7 Change of order required for '13 Production of documents 122 When order may be obtained '" 122 Obtained on />r«ce/3e 122 What need not be produced 123 Order does not require personal service .* 124 Affidavit on form of 125 Contempt in not obeying order 129 Consequence of not obeying X * 129 Production of document admited by party on exa- miniation to be in his possession 133 Of books, Ac, on reference to Registrar 188 Proofs — how causes may be proved 159 Prosecution— dismissal for want of 2lS et seq. REFERENCE— When order to be brought in Retris- trar's Office „. 175 CaFriage of deerce, Ac, hj opposite party.. 177 XV No. of Rule. ida- 48 jnn ..61 et teq. orin. 16). • •• t 242 ** • ■ fl 7, 9 • t » • 116 116 249 ••••• 260 56 243 *.6ietseq. ■• ••• 66 83 im- !•••• 129 iro- 1 *. •• 129 •>••• 1 Ca.ax .. 6 '...a 7 ...274, 7 '•••• 13 »•••• 122 '•••• 122 122 l*B«« 123 124 •••t 125 • ••• 129 • ••• 129 xa- ...1 132 188 1... 169 15 et seq. >.. . 176 7" 177 No. of Rule. Rbfbrenob-To be proceeded with at time fixed 179 And de die in diem if possible................... 180 Not to be adjourned to take up other matter 181 Appointment to consider order kc... 182 Registrar to direct manner of proceeding on 183 One Proctor to repr('=(ent a class, ka 184 General powers of Registrar on.... 185, 180 Accounts may be taken with rests.... 18b Registrar may report special circumstances 186 May make just allowances... i«^ Take accounts generally, &c ;....• ... J»o Before whom witnesses may be examined ... 187 Production of books, &c., on... •••;•.••••- JSS Form in which account to be brought in I8y Books may be ;)rma/acie evidence 19" Written direction to do an act unneces-^^ ^^^ AppomtmentofdaVtoma^^^^ ]ll Warrant to proceed on accounts J^^ How underwritten • • \V^ Registrar may report as to costs a»* Surcharge notice to be given .....^....... i»o Proceedings on to be entered by Registrar.. 96 Simplest, etc, course to be followed m All Appointments to be m one warrant 198 Close of hearing on ..••. •• :"':"' tjkn All points relielon for appeal to be raised at 202 Costs if not so raised :r",V"*«V 970 ' Instead of making Court may itself act i70 Registrar. See Interpretation ^ei General duties ot „^. If absent from illness, &c ^"J Cannot act as proctor See Reference. Deputy. 5e« Registrar. n et seq. Form of (Form No. 6). -^ May be obtained on precipe When claim paid into court ..... When cargo arrested for freight only .^^ J4 In cause of salvage ^g' ^g Bxpenees &c., to be paid before To be left with marshal, &c xvi No. of Rule. Rem— endorsement on petition in 25 Answer to in, when to be filed. , 55 et seq. Who may demur wben cause in 100 Replication — copy to be served 10 Form of (Form No. 10) IOC Eff.'ctof 38 What to be admitted in 110 Bow admission? to be made 110 When tu be filed 112 et seq Report- -Registrar may report sjiecial circumstances 186 And as to what costs should be alio wed 194 Not to contain '\ccount8 or evidence, &c 203 But to refer to i-bem bjr dates, etc....v.> 203 As to money payable into court.. 204 do do out of court 204 To whom to be delivered 205 May be filed by any one aflfected , 206 Dnplioate may be filed '206 Becomes absolute in fourteen days 207 Residence — Proctors' place of business to be endorsed on writs, Ac 6 Of party suin^ in person, ditto 8 Ri-STRAiNT — Warrant in cause of, issues on affidavit filed 48 Form of affidavit to lead warrant, (Form No, 12; Rests — Accounts may be taken with 186 SALE — When may be ordered in cause by default... 56 Commis^ioJ of appraisemert and, (Form No. 17) 211 To be executed by Marshal, &c 211 Account of, to be brought in by Marshal, &c. 212 GroFs proceeds of, to be paid in to Oourt 212 Marshal's account of expenses of, to be taxed ..=..... 212 Who may a]>pear on taxation 213 Notice of, (Foim No. 14) Salvage —Value of property tc be fixed before released ...<, ,. 76 When party entitled to release in cau'^^e of... 76 SATURDAY—Honrs for service on 257 Effect of service after hours 258 Scandalous matter, striking out, ^c 119, 120 ■ ■M XVll No. of Rule. 251 S,AL Of the Cou^^tpVbV Re;SBtV«"and"each De^^ ^^^ Registrar • • 050 What instruments to be under ^^^ SbOOUD cause against same property •..•••• ^^ Bailin. •••••• ' 53 Certificate of arrest m 53 To be served with petition ^^ Warrant unnecessary.. ••.••• ' ^^ Ifcommenced in another office............."- Advertisement of cause and intended sale.. 5< 1I pCtmn first cause neglect to proceed. 57 ^icflURiTY for costs, bond to whom given. ^^^ f"'^ Amount tl) be fixed by /j^g^^^f-- ;;:::: 256 Computation of time after order lor --..... SHRVICE-What papers may be served on Proctor.... i SBRVI..E ^^^^^ ^^^v^^ ^^ ^^ ^^ ^^ book ^^ May be effected at address ^^ is^r^lp^pws^o^^ u Acceptance of, need not be verifaed ^^ ^erctr SIVb, ofnotice of mo^^^^^^^^^^ 1? Of petition in rem how effected ^^» ^^ Of petition m personam " 29 Substitutional ' 30 Of petition in cross cause 3^ 8?pTt?Jaio°bV;madewUMn-12"w;ekB::::. 32 Of amended petition 3^ ^^ ^^^^ ^:^S:rfcng-nee^^^ ^5 - Affidavit of, of petition, what to state........ ^^ Of warrant how effectea...... -••••• • go 54 Of certificate of arrest in 2nd cause ,^^4 Of order to Produce ._......- ••• '^'' 242 Of notice sent from Registry 245 On Sunday not^^^^wed ';;;;;;;;;;.. 245 ^^ Of warrant on S^^^^/'J^'i'^'V^^ 24-5 . But service to count from next day ^^^ On proctors, what hours lor 257 When on Saturdays 258 Effect of, after hours xviii No. of Rule. Setting aside for irregularity 22 Formal objection not to defeat proceedings 154 Setting down forbearing 165 Who may set down and when 155 Time and place first fixed by Judge, &c 156 Ship— How arrested 26, 27, 49 Short notice of motion 17 Singular includes plural 1 Sittings of Court to be fixed by Judge 23 In chambers " " 23 State of cause, certificate of 214 Sdbpcena may issue in blank 246 May contain any number of witnesses 246 To witness on any proceeding 136 Substitutional service 29 Summons — Applications not to be by 15 Sums to be in $ and c. in orders, &c 172 Sunday not counted in time for notice of motion 17 Service on not allowed 245 Except for warrant , 245 In which case service count from Monday... 245 When time express on 255 Supplemental statement, when to be filed 95 Affidavit must accompany it 96 Answer or demurrer to « 97 Supplemental answer when allowed 108 Supreme Court notice of appeal to 269 Surcharge — Notice of to be given 195 Sureties in bail bond must justify 69 Names and addresses to be given in notice .. 70 Registrar may make inquires as to 70 Surrogate Judge. -See Interpretation 1 SwBAR includes affirm, Ac I TARIFF of costs 223 of suitors fees. See page 86. Taxation may Jae without reference 225 Bill to be filed 228 Copy and notice of appointment for, to be served 228 Registrar may proceeded 6a; parfe 229 Amount as taxed to be certified on bill 230 Order for payment after taxation 230 Objection to how made 231 Sum in gross in lieu of taxed costs 219 Of Marsoal's account of expenses of sale..212, 213 Objection to how heard 213 XIX 258 259 No. of Rule. Technical objection not to defeat proceeding 154 Teste of process, what ^oo TiMB-Sundays &c., when not included m 17 Computation of ^ ••.•• ^^* When expires on Sunday or holiday ... . z^o When order for security for costs made 256 Hours for service on proctors... 257 BfiPectof service after hours • Power ot Court or Judge to enlarge or Transfer of motion' to Court irrom Chambers 21 Ani vice versa - • ••••• TuANSMissio.^^ Of pleadings, &c., to ^^ a ^^^ Trial, time for to be fixed by judge ... ... ....".• \\l ' Wnen defendant may apply to fix time 156 Before whom may take place... i^< Two or more causes against same property 53, 54 Arrest in second or subsequent cause........ 53, 54 Advertisement of cause and intended sale in 57 ' If plaintifif in first cause neglects to proceed 57 Consolidation ot ...; • f^^ Type, what kind to be used in printing. a a < UNDERTAKING-To give bail (Form No 7.) 81 When bail to be given after If bail not given, plaintiff may proceed i^ro 82 con 83 Arrest of property if bail not given 84 Does not prevent arrest of property 85 Liability of party arresting after »& What to be done if not entered in same office where petition filed ■ »» Underwriting, warrantto proceed on accounts.. ... 193 Unnecessary proceedings, costs of. ^ee Oosts. VESSEL— How arrested. .26,27,49 WAGES— Cause of, against foreign ship... ....•• 44 WAVjc-o v. ' What affidavit for Warrant to contain ....... t-* Registrar may waive notice to Consul. — 46 Warrant for arrest of property %u% Affidavit to lead • '47 50 To whom to be addressed ^'»''" n * No. of Rule. Warrant — To whom to be delivered 47 Form of 46 If directed to other than Marshal or Dpty.- Marshal, Registrar to give instruction tor execution 51 How executed 49 Copy of petition to be served with 47 To be returned and filed 47 Notice of execution to Proctor 47 In cause of restraint ... 48 In bottomry cause 45 In cause of possession 48 "When two causes against same property. ...53, 54 Release of property arrested. 71 et seq. Caveoi against warrant..., : SO et seq. May be served on Suuday 246 But service counts from Monday 245 Warrant on reference to Registrar — ^tf« Reference. WiTNBsa to attena on Subpueua • 135 Refusing to sign depositions 141 Evidence of, may be taken at any stage 160 Any number may be included in same Subpoena.'. 246 mECTIOS OF HEl ABD REGEST PUBUCATI0H8. BANNING ON LIMITATIONS. 1877. cloth ^oo. ^^al^ calf ^5.00- J^- BOYD'S IRISH ADMIRALTY, cloth »5.50. half (^ $6.50, BOYD ON SHIPPING. London 1876, cloth $6.50, half calf »7-50- BRICE ON ULTRA VIRES OF CORPORATIONS. 1877. half calf > 1 1.50- BROOM'S PHILOSOPHY OF LAW. cloth 1^1.50. BROWN'S LAW DICTIONARY, half calf «5. calf. CASSELS' MANUAL SUPREME AND EXCHE- QUER COURTS PRACTICE. $400. CLARKE'S INSOLVENT ACT. WITH AMEND- MENTS. 1877. 1>500- CLARKE'S INSURANCE. WITH SUPPLEMENT.»4. CLARKE ON BILLS. NOTES AND CHEQUES. Toronto. 1875. half calf. ^2.50. DEANES PRINCIPLES OF CONVEYANCING. half calf. $5. FISHERS DIGEST, 1870. Fiv^ Volumes, cloth ^65. half calf $72. calf $75' GREENWOODS CONVEYANCING. 1877. cloth ^4. half calf »5- , ^ . , ./ HARRIS' CRIMINAL LAW. 1877. cloth Is. half calf f^5.75- HIGGINS ON WATERCOURSES, half sheep »3. half calf ts-TS- ,^ ^.ottc INDERMAURS EPITOME. LEADING CASES COMMON LAW. »i.50. TMnERMAURS PRINCIPLES OF COMMON LAW. half calf »5- ■■-3«IE!^^**"" ■■■'■' 1J£.TW~- BLACKSTONES COMMENTARIES ON £ Rfii^, PROPERTY, half calf, *6. |LEGGOS CHANCERY FORMS, second Edition, half #calf, ^8; also a few copies of Leggo's Chancery Prac- tice, 2 vols, at $24. MAYNE ON DAMAGES, third Edition, 1877; h^{ sheep, $6 50 ; half calf, I7 50 ; calf, $8. MORGAN'S LEGAL DIRECTORY FOR THE DOMINION, nearly ready, ^2. OPINIONS OF THE LATE Hon. JOHN HILLYArR^gr^ CAMERON. Q^C, Collected from copies kept in his Office. In Prea^ ' POLLOCKS CONTRACTS at LAW and in EQUITY, cloth, IJ6.50 ; half calf, $7.50. POLLOCK'S DIGEST OF PARTNERSHIP, 1877; cloth, ^2.50. , REVISED STATUTES, ONTARIO. 2 vols.. »6; half calf, $8 ; calf, %g. Also issued with Revised Statutes. PROVINCE AND DOMINION STATUTES AF- FECTING OjmTARIO. I vol., %i ; half calf; $2. IMPERIAL STATUTES AFFECTING ONTARIO ^i.oo; half calf, 1^2. ROSCOES' CRIMINAL EVIDENCE. Ninth Edition. 1878; circuit, ^9.75. ^^j6^' ROSCOES' NISI PRIUS, Ne^ Editiln, preparing. RUSSELL ON AWARDS, Filth Edition, 1878; cloth. $10; half calf, ftii. RUSSELL ON CRIMES. Fifth Edition. 3 volumes ; cloth. #31 ; half calf. ^34; calf, ^35. SCINTILLA- TURIS London iR'?'? : rJoth co cenia SEBASTIAN ON TRADEMARKS, just ready; half sheep, ^3.50; half calf, $4.