Section 218.

No. 52.

ORDER FOR COMMITTAL.

In the Maritime Court of Ontario.

Section 218.

Judge [or A.B. Surrogate Judge).

Whereas C.D. [state name and description of person to be committed] has committed a contempt of court in that [state in what the contempt consists] and, having been this day brought before the judge [or A.B. surrogate judge] on attachment, persists in his said contempt, it is now ordered that he be committed to prison for the term of from the date the date hereof, or until he shall clear himself from his said contempt

(Signed) E. F.,

Registrar (or Deputy Registrar).

No. 53.
COMMITTAL.

To the Keepers of the common goals.

In the Maritime Court of Ontario.

Receive into your custody the body [or bodies] of

you, for the cause herein-under written; that is to say,-
For [State briefly the ground of attachment].

Dated the

Witness,

day of

herewith sent to

18

(Signed)

J.K.,

Judge (or Surrogate Judge).

E.F.,

Registrar (or Deputy Registrar.)

No. 54.

WRIT OF EXECUTION (FIERI FACIAS, GOODS OR LANDS.)

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
Maritime Court of Ontario,

Whereas on the

GREETING:

day of

obtained a decree [or order] of this court against

the sum of

by the court that

the

day of

for

[on

and costs, and it was thereupon ordered
should pay the same to
or forthwith, as the case may be].
And whereas default has been in payment according to
the said decree [or order].

We therefore hereby command you, that you cause to be
made of the goods and chattels of the said

wheresoever they may be found within the Province of
Ontario, the sum of being the amount due to

under the said decree [or order] including the costs of this
writ and incidental thereto, or such part or so much thereof
as may be sufficient to satisfy this writ and the costs of
executing the same, together with interest at the rate of
six per centum per annum on the said sum from the
day of and to pay what you have so made to the [here
designate the proper person entitled thereto, as the case may be]
and make return of what you have done under this writ,
immediately upon the execution thereof, and have there
then this writ.

Given under the seal of our said Court at

this

day of

Issued from the office of the Registrar or Deputy Registrar of the Maritime Court of Ontario, at the County of

Registrar [or Deputy Registrar].

, in

By the Court.

(Signed) A. B., Registrar (or Deputy Registrar.)

(a) If writ be for non-payment of costs, or moneys ordered to be paid under a special order, as the case may be, the above form may be varied accordingly.

(b) If writ be against lands, the words "goods and chattels " omitted and the words "lands and tenements" inserted.

may be

No. 55.

MINUTE OF FILING ANY DOCUMENT.

In the Maritime Court of Ontario.

[Title of Action.]

I, A. B., [state whether Plaintiff or Defendant], file the following

Section 226.

Section 220.

Section 239.

Maritime Court of Ontario.

No. 56.

FORM OF SECURITY, BY MARSHAL OR DEPUTY MARSHAL.

Know all men by these presents that we, A.B., marshal [or deputy marshal] of the Maritime Court of Ontario; C. D., of in the county of in the county of

and E. F., of

do hereby jointly and severally for ourselves and each of our heirs, executors and administrators, covenant and promise that the said A. B., as marshal [or deputy marshal] of the Maritime Court of Ontario shall well and truly pay over to the court all such moneys as he shall receive by virtue of his said office of marshal [or deputy marshal].

And that he shall not willfully misconduct himself in his said office to the damage of any person being a party in any proceeding in the said

court.

Nevertheless it is hereby declared that no greater sum shall be recovered under this covenant against the said parties hereto than as follows, that is to say:-Against the said A. B. in the whole dollars. Against the said C. D., in the whole the said E. F.. in the whole.

dollars.

dollars. Against

In witnesss whereof we have to these presents set our hands and

seals this

day of

Signed, sealed and delivered,}

in the presence

18 "

Section 239.

Section 249.

No. 57.

AFFIDAVIT OF JUSTIFICATION.

In the Maritime Court of Ontario.

County of

I, A. B., the principal covenantor in the annexed covenant named (or one of the sureties in the annexed covenant named) do make oath and say as follows:

1. That I am seized and possessed to my own Ontario to the actual value of

use of real estate in dollars over and above all

charges upon or encumbrances affecting the same.
2. The said real estate consists of (describe property.)
3. I am worth
dollars (the amount of which the parties
become liable by the covenant) over and above my just debts.
4. My post office address is as follows:-

The judge [or A.B. surrogate judge, on the application of [state whether Plaintiff or Defendant] ordered [state purport of order].

A.B. [state whether Plaintiff or Defendant produced as witnesses.

[Here state names of witnesses in full.]

who, having been sworn [or as the case may be], were examined orally [if by interpretation, add by interpretation of

The judge [or A.B., surrogate judge] having heard [state whether Plaintiff and Defendant, or their counsel or solicitors, or as the case may be], and having been assisted by [state names and descriptions of assessors, if any] pronounced the sum of [state sum in letters and figures] to be due to the Plaintiff [or Defendant], in respet of his claim [or counterclaim], together with costs [if the decree is for costs.] And he condemned

(a.) in an Action in rem where Bail has not been given;

the ship

[or cargo ex the ship

proceeds of the ship

the ship

sum [and in costs].

or

or of the cargo ex or as the case may be] in the said

(b.) in an Action in personam, or in rem where Bail has been given; the Defendant [or Plaintiff] and his bail [if bail has been given] in the said sum [and in costs].

(2.) Decree for a sum not ascertained:

The judge [or surrogate judge] having heard, &c. [as above] pro-
nounced in favour of the Plaintiff's claim [or Defendant's counterclaim]
and condemned the ship
(or cargo, &c..) or the Defendant
[or Plaintiff] and his bail [if bail has been given] in the amount to be
found due to the Plaintiff [or Defendant] [and in costs]. And he
ordered that an account should be taken, and

(a.) if the amount is to be assessed by the judge [or surrogate judge],
that all accounts and vouchers, with the proofs in support
thereof, should be filed within
days [or as the

case may be.]

(b.) if the judge or surrogate judge refers the assessment to the registrar

or deputy registrar,

referred the same to the registrar (or deputy registrar)
[assisted by merchants], to report the amount due, and
ordered that all accounts, &c. as [above].

Section 249.

Section 249.

Section 249.

(3.) Decree on dismissal of action:

The judge [or surrogate judge] having heard, &c. [as above] dismissed the action [if with costs add] and condemned the plaintiff and his bail [if bail has been given in costs.

No. 61.

MINUTES IN AN ACTION FOR DAMAGE BY COLLISION,

A.B., &c.
against

The Ship "Mary."

A writ of summons [and a warrant] was [or were] issued to X. Y., on behalf of A.B., &c., the owners of the ship "Jane" against the ship "Mary" [and freight, or as the case may be] in an action for damage by collision. Amount claimed $5,000.

Y.Z. filed notice of appearance on behalf of C.D., &c., the owners of the ship Mary."

66

X. Y., filed writ of summons.

The marshal [or deputy marshal] filed warrant.

Y.Z., filed bailbond to answer judgment as against the Defendants [or as the case may be in the sum of $5,000, with affidavit of service of notice of bail.

was issued to Y.Z.

A release of the ship "Mary X.Y. filed preliminary act [and notice of motion for the pleadings].

Y.Z. filed preliminary act.

The judge [or surrogate judge] having heard solicitors on both sides [or as the case may be] ordered pleadings to be

filed.

X.Y. filed petition.

Y.Z. filed answer [and counterclaim].

X.Y. filed reply.

The judge [or surrogate judge] having heard solicitors on both sides [or as the case may be ordered both Plaintiffs and Defendants to file affidavits of discovery, and to produce, if required, for mutual inspection, the documents therein set forth within three days.

X. Y. filed affidavit of discovery.

Y. Z. filed affidavit of discovery.

X. Y. filed notice of trial.

X. Y. produced as witnesses [state names of witnesses], who, having been sworn, were examined orally in court, the said [state names] having been sworn and examined by interpretation of [state name of interpreter] interpreter of the language. Present [state names of assessors present, if any assessors.

Y. Z. produced as witnesses, &c., [as above]

The judge or surrogate judge] having heard [state whether Plaintiffs and Defendants, or their counsel or solicitors, as the case may be, and having been assisted by [state names and descriptions of assessors, if any], pronounced in favor of the Plaintiffs [or Defendants] and condemned the Defendants [or Plaintiffs] and their bail [if bail has been given]