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with another the court are required, the officer with whom the pleading or officer are re other documents are filed is upon production of a certificate ficate required signed by the officer requiring the pleadings or other documents, mode and ex- that the same are required for some proceedings before him, to pense of transmission.

transmit the pleadings or other documents mentioned in the certificate, but if they are to be sent by parcel post or by express, before they are sent the party requiring their transmission is to deposit a sufficient sum to cover the expense of transmission

and of re-transmission to the office from which they are sent. Re-transmis

Sec. 264. As soon as the purpose for which any such docusion of docu. ment.

ments are required is completed the officer to whom they have been sent is to retransmit them to the office from which they were sent.

"The solici. Sec. 265. The registrar and each deputy registrar shall keep tor's and

in his office a book to be called “the solicitor's and agent's book, agent's book.” in which each solicitor, residing elsewhere than in the place where

such registrar's or deputy registrar's office may be, is to specify the name of an agent being a person entitled to act as a solicitor or attorney-at-law in Ontario, and having an office in such place, upon whom pleadings, writs, notices, orders, appointments, warrants and other documents and communications connected with any cause or matter in the office of such registrar or deputy registrar, as the case may be, may be served.

LXV.Repealing Clause. May 1, 1889. Sec. 266. From and after the first day of May, 1889, except

in regard to actions commenced before that day, the rules and regulations, together with all forms thereto annexed, and all tables of fees now in force in this court shall be repealed.

LXVI.-Commencement of Rules. Rules, etc., Sec. 267. These rules together with the following forms and in operation, tables of fees shall come into operation on the first day of May,

1889, and shall apply to all actions commenced on or after that day. Actions commenced before that day may, by consent of the

parties, and with the permission of the judge or surrogate, be Actions continued under these rules on such terms as to the judge or surpending.

rogate shall seem fit.

[Made and signed by Joseph E. McDougall, the judge of the said court, January 31st, 1889.]

SCHEDULE A.

FORMS.

No. 1.

TITLE OF ACTION IN REM.

Section 4.

No. [Here insert the number of the action.]

A.B., Plaintiff,

against (a.) The Ship or (6.) The Ship

and freight. or (c.) The Ship

her cargo and freight.
or if the action is against the cargo only),
(d.) The cargo ex the Ship [state the name of ship on board of which

the cargo now is or lately was laden.]
or (if the actton is against the proceeds realized by the sale of the Ship

or cargo), (e.) The proceeds of the Ship or f.) The proceeds of the cargo ex the Ship

(or as the case may be.] Action for [state nature of action, whether for damage by collision, wages, bottomry, &c., as the case may be.]

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may be.]

Action for state nature of action as in preceding form.]

No. 3.

WRIT OF SUMMONS IN REM.

In the Maritime Court of Ontario.
(L.S.)

[Here insert title of action.]
VICTORIA, by the Grace of God, of the United Kingdom of Great

Britain and Ireland, Queen, Defender of the Faith.
To the owners and all others interested in the Ship.

[her cargo and freight, &c., or as the case may be.] We command you that, within one week after the service of this writ, exclusive of the day of such service, you do cause an appearance to be

Given au

day of

entered for you in Our Maritime Court of Ontario in the above-named action ; and take notice that in default of your so doing the said action may proceed, and judgment may be given in your absence.

in Our said Court, under the seal thereof, this

18 Memorandum to be subscribed on the Writ. This writ may be served within six months fiom the date thereof,

exclusive of the day of such date, but not afterwards. The Defendant (or Defendants) may appear hereto by entering an appearance (or appearances) either personally or by solicitor at the registry of the said court situate at

No. 1.

Section 5.

WRIT OF SUMMONS IV PERSONAN,
In the Maritime Court of Ontario.
(L.S.)

[11ere insert title of action.]

VICTORIA, by the grace of God, &c.
To C.D., of

and E.F.,

of We command you that, within one week after the service of this writ, exclusive of the day of such service, you do cause an appearance to be entered for you in our Maritime Court of Ontario, in the above-named action; and take notice that in default of your so doing the said action may proceed, and judgment may be given in your absence. Given at

in Our said Court, under the seal thereof, this

day of

18 Memorandum to be subscribed on the Writ. This writ may be served within six months from the date thereof,

exclusive of the day of such date, but not afterwards. The Defendant (or Defendants) may appear hereto by entering an an appearance (or appearances) either personally or by solicitor at the registry of the said court situate at

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Section 5.

No. 5.
INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.
(1.) The Plaintiff claims [Insert description of claim as given in Form
V. 6.

(2.) This writ was issued by the Plaintiff in person, who resides at [state Plaintiff"s place of residence, with name of street and number of house, if any.]

or, This writ was issued by C.D., of [state place of business) solicitor for the Plaintiff.

(3.) All documents required to be served upon the said Plaintiff in the action may be left for him at [insert address for service within three miles of the registry.]

UT,
Where the action is in the name of the Crown.
(1.) A.B., etc., claims [insert description of claim as giren in Form
Vo. 6.1

(2.) This writ was issued by A.B.[state name and address of person prosecuting in the name of the Crown, or his solicitor, or as the case may be.]

(3.) All documents required to be served upon the Crown in this action may be left at [insert address for service within three miles of the registry].

day of

on the

No. 6.
INDORSEMENTS OF CLAIM.

Sectior. 5. (1.) Damage by collision :

The Plaintiff's as owners of the Ship “ Mary” [her cargo and freight, etc., or as the case may be claim the sum of $ against the ship “ Jane” for damage occasioned by a collision which took place [state where] on the day of ; and for costs.

(2.) Salvage :

The Plaintiffs, as the owners, master, and crew of the Ship “Mary," claim the sum of $ for salvage services rendered by them to the Ship “ Jane” [her cargo and freight, etc., or as the case may be) on the

18 in or near (state where the services were rendered] ; and for costs.

(3.) Pilotage :
The Plaintiff claims the sum of $ for pilotage of the Ship “Jane"

day of 18 , from [state were pilotage commenced] to [state where pilotage ended) and for costs.

(4.) Towage :

The Plaintiffs, as owners of the Ship“ Mary," claim the sum of $ for towage services rendered by the said Ship to the Ship

“Jane” [her cargo and freight, etc., or as the case may be], on the day of 18 at or near [state where the services were rendered); and for costs.

(5.) Master's wages and disbursements :

The Plaintiff claims the sum of $ for his wages and disbursements as Master of the Ship Mary” and to have an account taken thereof; and for costs.

(6.) Seamen's Wages.

The Plaintiffs, as seamen on board the Ship “Mary," claim the sum of $

for wages due to them, as follows; and for costs : to A.B., the mate, $ for two month's wages from the day of

to C.D., able

seamen, $ etc., etc.; [and the Plaintiffs claim to have an account taken thereof.]

(7.) Necessaries, repairs, etc. :

The plaintiffs claim the sum of $ for necessaries supplied (or repairs done, etc., as the case may be) to the Ship “ Mary” at the port of

day of ; and for costs (and the the Plaintiffs claim to have an account taken thereof).

(8.) Possession :
(a) The Plaintiff, as sole owner of the Ship “ Mary,” of the port of

claims possession of the said Ship.
(6) The Plaintiff, as owner of the 48-64th shares of the Ship “ Mary”
of the port of claims possession of the said Ship as against C.D.,
owner of the 16-64th shares of the same Ship.

(9.) Mortgage :

The Plaintiff, under a mortgage dated the day of claiins against the proceeds of the Ship “ Mary" the sum of $ amount due to him for principal and interest, and for costs.

(10.) Claims between Co-Owners :

(a) The Plaintiff, as part owner of the Ship “ Mary,” claims against C.D., part owner of the same Ship, the sum of $

as part of the earnings of the said Ship due to the Plaintiff, and for costs; and to have an account taken thereof.

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on the

as the

Section 5.

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(6.) The Plaintiff, as owner of 24-64th shares of the Ship “ Mary," being dissatisfied with the management of the said Ship by his co-owners, claims that his co-owners shall give bail in the sum of $ the value of his said shares, for the safe return of the Ship to this Province.

(11) Bottomry:

The Plaintiff, as assignee of a bottomry bond, dated the day of , aud granted by C.D., as master of the Ship“ Mary" of to A.B. at the port of

claims the sum of $

against the Ship“ Mary” (her cargo and freight, &c., or as the case may be) as the amount due to him under the said bond, and for costs.

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No. 7.

Section 18.

AFFIDAVIT OF SERVICE OF WRIT OF SUMMONS.
In the Maritime Court of Ontario.

[Title of action.]
County of

I, A.B., of the [city, town, &c.] of [name of place] [calling or occupa. tion) make oath and say : 1. That I did on the

day of

serve the writ of summons herein by [here state particularly the mode in which service was effected and whether on the owner or on the ship, cargo, or freight, &c., as the case may be].

2. That I necessarily travelled miles to effect said service. Sworn before me, &c.

18

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(1.) By Defendant in person.. In the Maritime Court of Ontario.

[Title of action.] Take notice that I appear in this action. Dated this

18

(Signed) C.D., Defendant.
My address is
My address for service is

day of

Section 25.

APPEARANCE.

(2) By Solicitor for Defendant.

In the Maritime Court of Ontario.

[Title of Action.] Take notice that I appear for C. D. of [insert address of C. D.) in this action. Dated this day of 18

(Signed)

X. Y.,

Solicitor for C. D.
My place of business is
My address for service is

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