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(Author of Surrogate Courts Practice, and Naturalization and

Nationality in Canada.)

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ENTERED according to the Act of Parliament of Canada, in the year of our

Lord one thousand eight hundred and eighty-nine, by ALFRED HOWELL and ALEXANDER Downey, in the office of the Minister of Agriculture.



The new Rules, Forms, and Table of Fees for the 'Maritime Court, which came into operation 1st May 1889, supersede the Rules of 18789, and effect almost an entire change in the practice and procedure of the Court; a change which must meet with the approval of suitors, and of the legal profession generally, based as it is, to a large extent, upon the Vice Admiralty Courts Rules, 1883, and the Rules of the Supreme Court of Julkkikatione with such other modifications of the former practice as the eleven years, during which the Maritime Jurisdiction Act has been in operation, may have shown to be expedient.

The reported decisions upon the Act are, as yet, not numerous; but those that are reported, have been arranged alphabetically, with heads of subjects, and are inserted for purposes of reference. No attempt is made toward a general treatise on Admiralty or Maritime Law; that would have been much beyond the scope of the present work; and only such parts of the Statutory Law have been introduced, as are more immediately connected with the Rules, and more frequently referred to in practice. Pleadings and other Forms in common use have been appended, and the whole has been carefully indexed.

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The authors entertain the hope, that practitioners, by using the present compilation, will find their labours in this comparatively new field, very greatly facilitated.

Α. Η.
A. D.

TORONTO, July, 1889.


A. D. 1886.

Revised Statutes of Canada, 1886.

Chapter 137.

An Act Respecting the Maritime Court of Ontario.
ER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as follows:


1. This Act may be cited as The Maritime Court Act,Short title. 40 V., c. 21, s. 22.



2. In this Act, unless the context otherwise requires, —

Interpreta(a.) The expression “ the court” means the Maritime Court

"Court." of Ontario;

(6.) The expression“ judge” means the judge of the Maritime "Judge.” Court of Ontario; and

(c.) The expression “ship” includes every description of vessel Ship." used in navigation not propelled by oars. 45 V., c. 34, s. 5.



3. The superior court of maritime jurisdiction now existing Court conin the Province of Ontario, under the name of “ The Maritime tinued. Court of Ontario,” is hereby continued under such name, and shall continue to be a court of record. 40 V., c. 21, s. 2, part.

4. The Governor in Council may appoint any judge of any Appointment superior or county court in Ontario, or any barrister in Ontario, of judge. of not less than seven years' standing, to be the judge of the court. 40 V., c. 21, s. 5.

5. The judge shall hold office during good behaviour, but shall Tenure of be removable by the Governor General on address of the Senate and House of Commons. 40 V., c. 21, s. 6, part.

6. The judge shall receive no fees, but shall receive a salary Remuneraof six hundred dollars per annum, free and clear from all deduc-tion. tions whatsoever, and pro rata for any shorter time than a year, which salary shall be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund of Canada, in like manner as the salaries of other judges. 40 V., c. 21, s. 7.

7. The Governor in Council may, from time to time, appoint Appointment one or more judges of county courts in Ontario, or barristers of of surrogate

judges. not less than seven years' standing in Ontario, to be a surrogate judge or surrogate judges of the said court:

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