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EXTRACT FROM "THE VICE ADMIRALTY COURTS ACT, 1863,"

showing matters in respect of which Vice Admiralty

Courts have jurisdiction : 10. The Matters in respect of which the Vice Admiralty Jurisdiction Courts shall have Jurisdiction are as follows:

of Vice Admi

ralty Courts. (1.) Claims for Seamen's Wages: (2.) Claims for Master's Wages, and for his Disbursements on

account of the ship: (3.) Claims in respect of Pilotage : . (4.) Claims in respect of Salvage of any ship, or of life or

Goods therefrom : (5.) Claims in respect of Towage : (6.) Claims for Damage done by any Ship: (7.) Claims in respect of Bottomry or Respondentia Bonds : (8.) Claims in respect of any Mortgage where the Ship has

been sold by a Decree of the Vice Admiralty Court

and the Proceeds are under its Control :
(9.) Claims between the Owners of any Ship registered in the

Possession, in which the Court is established, touching
the Ownership, Possession, Employment, or Earnings of

such Ship :
(10.) Claims for Necessaries supplied, in the Possession in

which the Court is established, to any Ship of which
no Owner or Part Owner is domiciled within the Pos-

session at the Time of the Necessaries being supplied.
(11.) Claims in respect of the building, equipping, or repairing

within any British Possession of any Ship of which no
Owner or Part Owner is domiciled within the Possession

at the Time of the Work being done. 11. The Vice Admiralty Courts shall also have Jurisdiction- Jurisdiction

of Vice Admi (1.) In all Cases of Breach of the Regulations and Instructions ralty Courts.

relating to Her Majesty's Navy at Sea : (2.) In all Matters arising out of Droits of Admiralty.

12. Nothing contained in this Act shall be construed to take Nothing to away or restrict the Jurisdiction conferred upon any Vice Admi-restrict exist ralty Court by any Act of Parliament, in respect of Seizures for ing Jurisdic Breach of the Revenue, Customs, Trade, or Navigation Laws, or the Laws relating to the Abolition of the Slave Trade, or to the Capture and Destruction of Pirates and Piratical Vessels, or any other Jurisdiction now lawfuily exercised by any such Court; or any Jurisdiction now lawfully exercised by any other Court within Her Majesty's Dominions. 13. The Jurisdiction of the Vice Admiralty Courts, except arising beyond

As to Matters where it is expressly confined by this Act to matters arising Limits of pos within the Possession in which the Court is established, may be session, exercised, whether the Cause or Right of Action has arisen within or beyond the Limits of such Possession.

tions.

SCHEDULE TO VICE ADMIRALTY ACT.

List of the existing Vice Admiralty Courts to which the Act

applies. Antigua

Natal. Bahamas.

Nevis. Barbadoes.

New Brunswick. Bermuda

Newfoundland. British Columbia.

New South Wales. British Guiana.

New Zealand. British Honduras.

Nova Scotia, otherwise Halifax. Cape of Good Hope.

Prince Edward Island. Ceylon.

Queensland. Dominica.

Saint Christopher. Falkland Islands,

Saint Helena. Gambia River.

Saint Lucia. Gibraltar.

Saint Vincent. Gold Coast.

Sierra Leone. Grenada.

South Australia. Hong Kong

Tasmania, formerly called Van Jamaica.

Diemen's Land. Labuan.

Tobago
Lagos.

Trinidad.
Lower Canada, otherwise Vancouver's Island.
Quebec.

Victoria.
Malta.

Virgin Islands, otherwise Mauritius.

Tortola. Montserrat

Western Australia.

MARITIME COURT OF ONTARIO.

GENERAL RULES.

Government House, Ottawa,

The 14th day of February, 1889. On the recommendation of the Minister of Justice and under the provisions of Chapter 137 of the Revised Statutes of Canada, intituled “The Maritime Court Act,"

His Excellency in Council has been pleased to order that the following rules and regulations made by the Judge of the said Court be and the same are hereby approved and adopted :

GENERAL RULES.

I.-Interpretation.

ber.

The Act.

Section 1. In these rules, together with the annexed schedules, Interpretathe following words shall have the meanings hereby assigned to tion. them, unless there be something in the subject matter or context repugnant to such construction, viz:

(a.) Words importing the singular number shall include the Singular or plural, and words importing the plural number shall include the plural numsingular

(b.) Words importing the masculine gender shall include females, Masculine and shall apply to bodies corporate as well as to individuals. gender.

(c) “ The Act shall mean “ The Maritime Court Act."
(d.) Court" shall mean “ The Maritime Court of Ontario."

Court. (e.) “Judge” shall mean the Judge of the said Court for the Judge. time being, or other person lawfully authorized to discharge the duties of the Judge.

(f.) “Surrogate” shall mean a surrogate Judge appointed by Surrogate. the Governor in Council under the Act, or other person lawfully authorized to discharge the duties of the surrogate Judge.

(9.) “Registrar” shall mean the registrar of the said Court for Registrar. the time being, or other person lawfully authorized to discharge the duties of the registrar.

(h.) Deputy registrar” shall mean a deputy registrar appointed Deputy by the Governor in Council at the city, town, or place where a registrar. surrogate Judge shall have been appointed; or other person lawfully authorized to discharge the duties of the deputy registrar.

Marshal.

6.) “ Marshal " shall mean the marshal of the Court for the time being, or other person lawfully authorized to discharge the duties of the marshal.

Examiner.

Action.

Deputy (k.) “ Deputy marshal” shall mean a deputy marshal appointed marshal.

by the Governor in Council, at the city, town or place where a surrogate Judge shall have been appointed; or other person lawfully authorized to discharge the duties of the deputy marshal.

(1.) “Examiner ” shall mean an examiner appointed under the Act by the Governor in Council.

(m.) “Action " shall mean any action, cause, suit or other pro

ceeding instituted in the Court. Counsel. (n.) “Counsel” shall mean and include any barrister or advocate

entitled to plead in the Court. Solicitor. (0.) “Solicitor" shall mean and include any attorney, solicitor

or proctor entitled to practice in the said Court, or the party him

self if conducting his cause in person. Party or per- (P.) “Party” or “person” shall include a corporation or other

public body

(9.) “ Oath,” “affidavit ” and “swear” shall respectively include affirmation, declaration, affirm and declare, in the case of persons

allowed by law to affirm and declare instead of swearing. Ship.

(r.) “Ship” shall include every description of vessel used in navigation not propelled by oars only.

(s.) “ Month shall mean a calendar month. Registry. (t.) “Registry” shall mean the office of the registrar or of any deputy registrar.

II.-Short Title.

son.

Oath.

Month.

Short title.

Sec. 2. In referring to these rules it shall be a sufficient designation to use the expression “ The Maritime Court Rules of Ontario."

III.-Actions. Actions of Sec. 3. Actions shall be of two kinds, actions in rem and two kinds.

actions in personam. Actions shall Sec. 4. All actions shall be numbered in the order in which be numbered.

they are instituted, and the number given to any action shall be the distinguishing number of the action, and shall be written or printed on all documents in the action as part of the title thereof. Forms of the title of an action will be found in schedule A hereto, Nos. 1 and 2.

IV.-- Writ of Summons. Writ to be in- Sec. 5. Every action shall be commenced by a writ of summons, dorsed with, which, before being issued, shall be indorsed with a statement of statement,&c.

the nature of the claim, and of the relief or remedy required, and of the amount claimed, if any : such amount may include as part thereof the reasonable and probable amount of the costs to be incurred for the recovery of the claim. Forms of writ of summons and of the indorseinents thereon will be found in schedule A hereto, Nos. 3, 4, 5, and 6.

Sec. 6. In an action for seaman's or master's wages, or for When in. master's wages and disbursements or for necessaries, or for dorsement bottomry, or in any mortgage action, or in any action in which claim to have the plaintiff desires an account, the indorsement on the writ of an acconnt

taken. summons may include a claim to have an account taken.

Sec. 7. The writ of summons shall be indorsed with the name Address for and address of the plaintiff, and of his solicitor, if any, and if he service to be sues in person with an address, to be called an address for service not more than three miles from the registry, at which it shall be sufficient to leave all documents required to be served upon him.

Sec. 8. The writ of summons shall be prepared and indorsed Preparation by the plaintiff, and shall be issued under the seal of the Court,

and issue of

writ. and a copy of the writ and of all the indorsements thereon, signed by the plaintiff

, shall be left in the registry at the time of sealing the writ.

Sec. 9. The Judge or surrogate may allow the plaintiff to Amendment amend the writ of summons and the indorsements thereon in such of writ and

indorsements manner and on such terms as to the Judge or surrogate shall seem fit.

V.-Service of Writ of Summons. Sec. 10. In an action in rem, the writ of summons shall be Service in served :

action in rem. (a.) Upon ship, or upon cargo or other property, if the cargo or Upon ship, or other property is on board a ship, by attaching the writ for a short cargo &c:, on

board ship. time to the main-mast or the single mast, or to some other conspicuous part of the ship, and by leaving a copy of the writ attached thereto.

(6.) Upon cargo or other property, if the cargo or other property Upon cargo, is not on board a ship, by attaching the writ for a short time to &c., not on such cargo or property, and by leaving a copy of the writ attached board ship. thereto.

(c.) Upon freight in the hands of any person, by showing the Upon freight. writ to him and by leaving with him a copy thereof,

(d.) Upon proceeds in Court, by showing the writ to the regis- Upon protrar and by leaving with him a copy thereof.

ceeds in court Sec. 11. If access cannot be obtained to the property on which If access eanit is to be served, the writ may be served by showing it to any not be ob

tained. person appearing to be in charge of such property, and by leaving with him a copy of the writ.

Sec. 12. In an action in personam, the writ of summons shall Service in be served by showing it to the defendant, and by leaving with

personam. him a copy of the writ.

action in

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