Imágenes de páginas
PDF
EPUB

when re

Sec. 228. No document, except preliminary acts, bail bonds, Indorsement documents issued from the registry, and minutes shall be filed of certificate, without a certificate indorsed thereon, signed by the party filing quired. the same, that a copy thereof has been served npon the adverse party, if any.

L.-Time.

Sec. 229. If the time for doing any act or taking any pro- Expiry of ceeding in an action expires on a Sunday, or on any other day on time on Sunday, &c. which the registry is closed, and by reason thereof, such act or proceeding cannot be done or taken on that day, it may be done or taken on the next day on which the registry is open.

act shall

Sec. 230. Where, by these rules or by any order made under When time them, any act or proceeding is ordered or allowed to be done with- for doing any in or after the expiration of a time limited from or after any date commence. or event, such time, if not limited by hours, shall not include the day of such date or of the happening of such event, but shall commence on the next following day.

Sec. 231. The judge or surrogate may on the application of Time may be either party, enlarge or abridge the time prescribed by these rules enlarged or abridged. or forms or by any order made under them for doing any act or taking any proceeding, upon such terms as to him shall seem fit, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time prescribed

LI-Sittings of the Court.

Sec. 232. The judge or surrogate shall appoint proper and Sittings and convenient times for sittings in court and in chambers, and may adjournments adjourn the proceedings from time to time and from place to place as to him shall seem fit.

LII.-Office Hours.

Sec. 233. The offices of the court shall be open on every day Dies non. in the year except on Sundays, New Year's day, Good Friday, Easter Monday, Christmas day, and the days appointed for the celebration of the birthday of Her Majesty and Her Royal successors, and any day appointed by proclamation for a general fast or thanksgiving.

LIII.-Registrar.

shall attend

in chambers.

Sec. 234. The registrar shall attend all sittings of the court Registrar held in Toronto and also before the judge in chambers and shall all sittings of make minutes of every act of the court or decree and enter the the courts in same in a proper book to be kept for the purpose, which is to form Toronto and a record of the court, and shall do and perform all the other duties imposed upon him by these or any future rules, and by the practice of the court. If from illness or any other sufficient cause Absence of he should be unable to perform his duty, he may with the consent registrar proof the judge, or the judge himself may, appoint some other comHe is propetent person to act as registrar on those occasions. He is

vided for.

Shall not act hibited from acting as either solicitor or advocate in any suit, as solicitor, matter or proceeding in the court.

&c.

Deputy regis

trar shall attend all sit

tings of the court in the place where he keeps his office and in

chambers.

LIV.-Deputy Registrar.

Sec. 235. The deputy registrar shall attend all sittings of the court held in the place where he keeps his office and also in chambers, before the surrogate residing nearest such place, and shall make minutes of every act of the court or decree and enter the same in a proper book to be kept for the purpose which is to form a record of the court; and shall do and perform all the other duties imposed upon him by these or any future rules, and by the practice of the court. If from illness or any other sufficient deputy regis cause he should be unable to perform his duty, he may with the trar provided consent of the surrogate; or the surrogate himself may, appoint some other competent person to act as deputy registrar on those Shall not act occasions. He is prohibited from acting as either solicitor or as solicitor, advocate in any suit, matter or proceeding in court.

Absence of

for.

&c.

Marshal shall

execute writs,

LV.-Marshal.

Sec. 236. The marshal shall attend the judge in court on all atten judge, court days. He is to execute all such writs, warrants, decrees, &c., and make monitions and instruments and orders as 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 future rules, or by the practice of the court.

due return thereof.

Deputy mar

tend sittings and execute warrants.

LVI-Deputy Marshal.

Sec. 237. The deputy marshal shall attend all sittings of shal shall at 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 as 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 future rules, or by the practice of the court.

Shall make due return.

In case of dis

Sec. 238. Whenever, by reason of distance or other sufficient tance or other cause, the marshal or deputy marshal can not conveniently execute any instrument in person, he shall employ some competent person as his officer to execute the same.

cause.

fix security.

LVII.-Security of Marshal and Deputy Marshal.

Judge or sur- Sec. 239. The judge or surrogate shall fix and determine the rogate shall amount of security to be given by the marshal and each deputy Limit of time marshal. Every marshal and deputy marshal shall, before he is and the mode sworn into office, and within one month after his appointment; and terms re- or in the case of the marshal or deputy marshals already apsecurity to be pointed within one month after notice to that effect from the lating to given by mar- judge or surrogate, execute and enter into a joint and several covenant in duplicate with two or more sureties of such amounts respectively as shall have been fixed by the judge or surrogate in that behalf as aforesaid for the due performance of the duties of his office, and the proper accounting for all moneys coming in or passing through his hands. Such duplicate covenant shall be in

shals or

deputy mar

shals.

Form of du

plicate convenant.

the form No. 56 of schedule A hereto, or to the like effect; and Affidavit of to each of the duplicate covenants respectively shall be attached justification. an affidavit made by each of the covenantors therein named respectively in the form provided by No. 57 of schedule A hereto, or to the like effect.

covenants

be filed and

Sec. 240. The said duplicate covenants, with the affidavits The duplicate thereto attached, shall within the periods hereinbefore limited co and affidavits respectively be filed with the registrar or deputy registrar of the attached said court; and the same shall be brought before the judge or thereto shall surrogate by the said registrar or deputy registrar for approval; submitted for and when the same shall be indorsed by the said judge or surro- approval, and gate as approved, one duplicate thereof shall be transmitted to transmitted the Minister of Justice at Ottawa for his approval. And in case the said Minister of Justice shall disapprove of the same he may forthwith give notice to the marshal or deputy marshal of such disapproval and in such case the marshal or deputy marshal shall within one month thereafter furnish another covenant in lieu of the covenant so disapproved of as aforesaid to the satisfaction of the said judge or surrogate and the Minister of Justice.

4

to the Minister of Justice.

To continue

Sec. 241. The sureties named in any covenant so disapproved Sureties disof as aforesaid shall not be discharged from liability by such dis- approved. approval, but shall be and continue liable for any defaults or misfeasances made, done or committed previous to the approval by liable. the Minister of Justice of any securities that may be furnished in lieu of the same.

of covenants

Sec. 242. The judge or surrogate may at any time require Renewal or the marshal or any deputy marshal to renew his covenants or substitution securities or to furnish others in lieu of the same. as to the judge may be reor surrogate may appear expedient for the protection of the quired. interests of the Crown or of parties to legal proceedings, which new or substituted covenants or securities the marsha! or any deputy marshal shall be bound to furnish in the same manner and subject to the same provisions as hereinbefore provided, within. three months after notice from the judge or surrogate in that behalf.

Sec. 243. Every renewed or substituted covenant or security Form of reshall be in the same form and executed and accompanied by the newed or substituted covsame formalities and affidavits, and subject to the same approval enant. as the original covenant or security.

sureties.

Sec. 244. In case a new security is given or substituted as Liability of aforesaid the former sureties shall only be liable for or on former account of defaults or misfeasances suffered or committed by the marshal or deputy marshal previous to the perfecting of the new security and the approval thereof by the judge or surrogate and the Minister of Justice; and not as to any subsequent default or misfeasance.

security.

Sec. 245. In case of the default by the marshal or any Default in deputy marshal to furnish such security as aforesaid within the furnishing time above limited it shall be the duty of the judge or surrogate to report the fact forthwith to the Minister of Justice.

Judge shall

LVIII.-Seal of the Court.

Sec. 246. The judge shall cause a design for the seal of the cause design conrt to be made. A seal shall be kept and used by the registrar and by each deputy registrar.

to be made.

All instruments, &c.,

Sec. 247. All instruments, orders and decrees of court, office to be sealed. copies and other documents issued by the registrar or deputy registrar shall be sealed with the seal of the court.

Monitions, &c.

Sealing and signing.

Requisites

and mode of

minute book.

LXI.-Teste.

Sec. 248. Monitions, warrants, attachments, subpoenas, writs, and other instruments and orders of the court running in the name of Her Majesty the Queen, shall be given under the seal of the court, and signed by the registrar or deputy registrar.

LX.-Records of the Court.

Sec. 249. There shall be kept in the registry a book, to be keeping the called the "minute book," in which the registrar or deputy registrar shall enter in order of date, under the head of each action, and on a page numbered with the number of the action, a record of the commencement of the action, of all appearances entered, all document issued or filed, all acts done, and all orders and decrees of the court, whether made by the judge or surrogate, or by the registrar or deputy registrar, or by consent of the parties in the action. Forms of minute of order of court, of minute on examination of witnesses, of minute of decree, and of minutes in an action for damage by collision, will be found in schedule A hereto, Nos. 58 to 61.

Other books

Sec. 250. There shall be kept in the registry a "caveat to be kept in warrant book," a "caveat release book," and a "caveat payment registry. book," in which all such caveats respectively and the withdrawal thereof shall be entered by the registrar or deputy registrar.

Inspection of books.

Office copies may be obtained.

Forms of Su

of Ontario,

Sec. 251. Any person may inspect the minute and caveat books, on payment of the proper fees.

LXI.-Copies.

Sec. 252. Any person entitled to inspect any document in an action shall, on payment of the proper charges for the same, be entitled to an office copy thereof under seal of the court.

LXII.-Forms.

Sec. 253. The forms hereto annexed shall be followed as preme Court nearly as the circumstances of the case will allow and in cases not provided for the forms in use in actions in the Supreme Court of Judicature for the Province of Ontario, mutatis mutandis, may be followed.

how far ap plicable.

Fees in

schedule B.

LXIII.-Tariff of Fees.

Sec. 254. The fees to be paid to the practitioners, officers and witnesses in causes in the court shall be as set forth in the Tariff of Fees in schedule B hereto,

Sec. 255. The fees and disbursements set forth in the said Fees subject Tariff of Fees may be charged in respect of the services therein to following enumerated subject to the following rules.

rules.

Sec. 256. When the fee is per folio, the folio shall be counted Folio. at the rate of 100 words, and every numeral, whether contained in columns or otherwise written, shall be counted and charged for as a word.

certain cases.

Sec. 257. When the sum in dispute does not exceed $200 or Half fees in the value of the res does not exceed $400, one-half only of the fees set forth in the said Tariff of Fees shall be charged and allowed; and if the judge or surrogate shall so order and direct the government fees in such cases may likewise be reduced to one half. This section is subject to the provisions of Chapter 75 of the Revised Statutes of Canada, intituled "The Inland Waters Seamen's Act."

Sec. 258. When costs are awarded to a plaintiff, the expres- "Sums in dission "sum in dispute" shall mean the sum recovered by him in pute." addition to the sum, if any, counterclaimed from him by the defendant; and where "costs" are awarded to a defendant. it shall "Costs.” mean the sum claimed from him in addition to the sum, if any, recovered by him.

Sec. 259. Two or more persons having claims against the When two or same property for wages or for necessaries may join against the more persons have claims same property in one writ, and unless the sum or sums adjudged against the to the claimant or claimants in a writ in an action of wages or of same property necessaries amount to the sum of one hundred dollars at least, no for wages or costs shall be allowed to the claimant or claimants, as the case may be, unless under all the circumstances the judge or surrogate $100. thinks proper to allow a sum in gross not exceeding ten dollars in lieu of all costs.

necessaries amounting to

This section does not authorize the joining in one writ a claim Non-joinder. for wages and a claim for necessaries.

Sec. 260. The judge or surrogate may in any action order Half fees in that half fees only shall be allowed, including the Government any action. fees.

costs.

Sec. 261. Bonds executed under an order for security for Bonds for costs are to be given to the registrar or deputy registrar from security for whose office the writ issued; all the defendants are to be included in the same bond and the penal sum to be inserted therein is to be fixed upon the application for security, by the judge or surrogate who makes the order.

LXIV. Miscellaneous.

Sec. 262. In all cases where a reference to the registrar or The court deputy registrar may be directed the court may dispose of such may itself dismatters itself if it thinks fit, and may direct the proceedings to pose of matbe taken in full court or in chambers as it finds expedient.

ters suitable for reference.

Sec. 263. Where on a proceeding before an officer of the Where docucourt pleadings or other documents filed with another officer of ments filed

« AnteriorContinuar »