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Tenure of office.
2. Such surrogate judge shall have such of the powers of the judge as are conferred by the commission appointing him :
3. He shall hold office during pleasure, but his appointment shall not be vacated by a vacancy in the office of the judge:
4. He may, if resident elsewhere than in Toronto, receive emoluments fixed, from time to time, by the Governor in Council, raised out of funds provided by suitor's fees, payable under a tariff fixed, from time to time, by the Governor in Council:
5. Copies of the tariff shall be, as soon as possible, laid before both Houses of Parliament, and entered on the records of the court, and published in the Canada Gazette :
6. The fees payable by suitors under the tariff shall be paid over, by the officer appointed to collect them, to the Minister of Finance and Receiver General, and shall form part of the Consolidated Revenue Fund of Canada ; and the emoluments of the surrogate judge shall be paid therefrom. 40 V., c. 21. ss. 11, 12 and 14.
Tariff to be laid before Parliament.
Disposal of fees.
8. Every judge and surrogate judge appointed in pursuance of take oath of office.
this Act, shall, previously to his executing the duties of his office,
do sincerely and solemnly swear that I will duly and faithfully, and to the best of my Form of oath,“ skill and knowledge, execute the powers and trusts reposed in
me as judge (or as a surrogate judge, as the case may be) of " the Maritime Court of Ontario. So help me God.” c. 21, s. 17.
Appointment 9. The Governor in Council may appoint a registrar, marshal, of officers.
deputy registrars and deputy marshals, and examiners and other necessary officers for the court, with such of the powers belonging to registrars and marshals of British Vice-Admiralty Courts, and such other powers for the effectual working of this Act as are prescribed by general rules. 40 V., c. 21, s. 15.
10. The judge shall, from time to time, submit, for the approval of the Minister of Justice, a list of persons of nautical or engineering, or other technical skill and experience, to act as assessors in the court; and shall cause the approved list to be published in the Canada Gazette, and every person named in the approved list shall attend the court, under such circumstance and in such rotation, and subject to such regulations, and shall receive such fees, as are provided by general rules. 40 V., c. 21, s. 10.
And of assessors.
BARRISTERS AND PROCTORS,
practice in court.
11. All persons entitled to act as barristers or advocates in any superior court in any Province of Canada may act as such in the court; and all persons entitled to practice as solicitors or attorneys-at-law, in Ontario, may practice as proctors or solicitors in the court; and all persons acting as barristers, advocates, proctors, or solicitors in the court, shall be officers thereof. 40 V., c. 21, s. 18.
12. The principal seat of the court shall be at Toronto, but where sitsittings of the court may be held at any city, town or place with-tings may in the Province of Ontario. 40 V., c. 21, s. 4.
JURISDICTION AND PROCEDURE.
13. Except as herein otherwise provided, all persons shall Rights and have, in the Province of Ontario, the like rights and remedies in remedies in all matters including cases of contract and tort and proceedings matters rein rem and in personam arising out of or connected with navi-specting shipgation, shipping, trade or commerce on any river, lake, canal or ping, &c. inland water, of which the whole or part is in the Province of Ontario, as such persons would have in any existing British ViceAdmiralty Court if the process of such Court extended to the said Province. 40 V., c. 21, s. 1.
14. Subject to the provisions in this section contained, the Jurisdiction court, for the enforcement of such rights and remedies, shall, as of the court. to the matters mentioned in the next preceding section, have all such jurisdiction as belongs to any existing British Vice-Admiralty Court in similar matters within the reach of its process :
2. In any such matter arising within reach of the process of As to matter the Vice-Admiralty Court at Quebec, the court shall have the arrising in same jurisdiction as any existing British Vice-Admiralty Court
Quebec. has under like circumstances, in any like matter arising beyond the reach of its process :
3. The jurisdiction of the court in respect of claims touching Jurisdiction the ownership, possession, employment or earnings of ships, shall as to ships
registered at extend to the case of a ship registered in a port in the Province
a port of Que. of Quebec, but navigating the waters aforesaid :
4. The court shall not have jurisdiction, save as aforesaid, in No jurisdicany matter
to which the process of any existing British Vice- tion in certain Admiralty Court extends,-nor shall the court have jurisdiction in any prize cause, or in any criminal matter, or in any case of breach of the regulations and instructions relating to Her Majesty's navy, or arising out of droits of Admiralty, or out of any seizure for breach of the revenue, customs, trade or navigation laws, or out of any violation of the Act of the Parliament of the United Kingdom, known as “ The Foreign Enlistment Act,” or of the laws relating to the abolition of the slave trade, or to the capture and destruction of pirates and piratical vessels :
5. No right or remedy in rem given by this Act only shall be Limitation as enforced as against any subsequent bona fide purchaser or mort-to remedies gagee of a ship, unless the proceedings for the enforcement there - Act only. of are begun within ninety days from the time when the same accrued :
6. No right or remedy in rem given by this Act, except a right Rights of or remedy in rem for the wages of seamen and other persons
mortgagees employed on board a ship on any river, lake, canal or inland protected.
water, of which the whole or part is in the Province of Ontario, shall be enforced as against any bona fide mortgagee under a mortgage duly executed and registered prior to the first day of October, one thousand eight hundred and seventy-eight. 40 V., c. 21, s. 2, part, s. 3 ;-42 V., c. 40, s. 1 ;-45 V., c. 34, s. 1.
15. The practice, pleading, writs and procedure in force at the cases unpro- time of its abolition in the instance side of the High Court of i ules. Admiralty in England shall, so far as applicable, apply and extend
to proceedings instituted under this Act, when no other provision is made by this Act or the general rules made under this Act. 40 V., c. 21, s. 9.
Effect of 16. All decrees and orders of the court, or of the judge or decrees and
a surrogate judge thereof, whereby any moneys are payable to orders of the judge.
any person, shall have the same effect as decrees of the Court of Chancery in Ontario had on the sixteenth day of April, in the year one thousand eight hundred and seventy-eight,—and all powers of enforcing its decrees then possessed by the said Court of Chancery or any judge thereof, with respect to matters pending in that court, are hereby conferred on the court with respect to matters therein pending, -and all remedies possessed on that date by those to whom money was payable under a decree of the said Court of Chancery, are hereby conferred on persons to whom any moneys are payable by orders or decrees of the court, or of
the judge or a surrogate judge thereof. 41 V., c. 1, s. 1. Continuation
19. Any judicial act begun or partly proceeded with by a of proceedings begun before surrogate judge may, under general rules, be proceeded with or surrogate completed by the judge. 40 V., c. 21, s. 13. Judge. Appeal to 18. An appeal shall lie to the Supreme Court of Canada from Supreme every decision of the court having the force and effect of a defiCourt.
nitive sentence or final order. 40 V., c. 21, s. 19. Procedure in 19. The practice, procedure and powers as to costs, and othersuch appeal. wise, of the Supreme Court of Canada in other appeals shall,
so far as applicable, and unless such court otherwise orders, apply and extend to appeals under this Act, when no other provision is made, either by this Act or the general rules made under this Act, or under " The Supreme and Exchequer Courts Act.” 40 V., c. 21, s. 20.
By whom 20. The judge, any surrogate judge, the registrar, any deputyoaths may be registrar, and any person who has power to administer oaths and
affirmations in matters pending in the Supreme Court of Canada, or the Exchequer Court of Canada, may administer oaths and affirmations in relation to any matter pending in the court. 40
V., c. 21, s. 16, part. Rules of 21. The judge may, with the approval of the Governor in practice and Council, from time to time, make, alter and rescind general rules may be made. for establishing and regulating the practice, pleading, writs, procedure, costs and fees to practitioners and officers in suits instituted under this Act, and for the effectual working of this Act; and such rules may extend to any matter of procedure, or otherwise, not provided for by this Act, but for which it is found necessary to provide, in order to insure the proper working of this Act and the better attainment of the objects thereof; and every such rule, not being inconsistent with the express provi- Their effect. sions of this Act, shall have force and effect as if herein enacted:
2. Copies of all such rules shall, as soon as possible, be laid Copies for before both Houses of Parliament, and entered on the records of Parliament. the court, and published in the Canada Guzette :
3. The Governor in Council may, by proclamation published Rule or order in the Canudu Gazette, or either House of Parliament inay, by a may be sus
pended. resolution passed at any time within thirty days after such rules and orders have been laid before Parliament, suspend any rule or order made under this Act; and such rule or order shall thereupon cease to have force or effect until the end of the then next session of Parliament. 40 V., c. 21, s. 8.
51 VICTORIA, CAP. 39.
An Act to extend the jurisdiction of the Maritime Court
(Assented to 22nd May, 1888.]
HEREAS it is expedient to extend the powers and jurisdic
tion of the Maritime Court of Ontario : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Jurisdiction as to mort. gages.
1. The Maritime Court of Ontario shall have jurisdiction over, any claim in, respect of any mortgage upon any ship or vessel now or hereafter duly registered in the Province of Ontario, whether the ship or vessel, or the proceeds thereof, be under arrest of the court or not.
2. The jurisdiction conferred by this Act may be exercised by jurisdiction. proceedings in rem or in personam.