Imágenes de páginas


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124, Deputy registrar forwarding receipt and papers as to payment to regis-
125. Subpæna, including præcipe.
126. Fee to registrar entering institution af action in book whether at head

office or deputy registrar's :
127. Fee to deputy registrar sending notice
128. Order in chambers, including entering
129. Entering decrees and other orders per folio
130. Copy of papers required to be given out, per folio
131. Searches within one year, each.
132. Searches extending over one year and within two years.
133. Searches extending over two years or a general search
134. Every atfidavit, oath or affirmation taken
135. Marking each exhibit .
136. Every appointment...
137. Each attendance on reference or other special matter per hour, or en-

largement thereof. 138. Attending the opening of a commission. 139. Every commission for examination of witnesses or parties. 140. Each verdict taken, non suit, record withdrawn, or rule or order of

reference at trial 141. Attending on inspection of documents produced with affidavit on pro

duction, per hour 142. Taxing costs, per hour

0 50 0 20 0 20 0 50

1 00 1 00 1 00


1 00 1 00

2. Fees to be taken by the Registrar only.

143. Countersigning cheque for payment of money out of court, if sum

paid out does not exceed $500.00. 144. For every additional $500.00..

0 50 050

3. Fees to be taken by a Special Examiner or Registrar or Deputy Regis

trar acting as Examiner.

145. Every appointment..
146. Every oath.
147. Marking exhibit
148. Attendance per hour.
149. Fair copy for solicitor, per folio (when required).
150. Every certificate
151. Making up and forwarding answers, depositions, etc,
152. Every attendance out of office within two miles
153. Every such attendance, over 2 iniles, every extra mile
154. Every such attendance, when either solicitor or witness does not attend,

and examiner not previously notified..

0 50 0 20 0 20 1 50 0 10 0 50 040 2 00 0 20

1 00

4. Fees to be taken hy Official Reporter.

Section 123.

5 00

155. For every day's attendance in court
156. For first copy of evidence if required by party, or by judge or surro-

gate, per folio
157. Eor each additional copy, per folio

0 10
0 05

0 25
0 50
2 00
1 со
0 50

5. Fees to be taken by the Marshal or Deputy Marshal.
158. Receiving, filing, entering and indorsing every paper..
159. Attendance to swear all necessary affidavits..
160. On the execution of every warrant
161. Service of writ of summons in personam, each defendant
162. Serving subpænas, rules, notices or other papers, (besides mileage).
163. Actual and necessary mileage from the court house to the place where

service of any process, paper or proceeding is made, per mile..
164. On the execution of attachment for every person attached
165. On the execution of every decree or commission of un-livery, appraise-

ment or sale
166. On the execution of every other instrument for which a fee is not

specially provided..
167. On attending, appointing and swearing appraisers, each
168. On delivering up ship, vessel, goods or property to the purchaser

agreeably to the inventory.
169. Fee on bill of sale of ship

0 13 2 00

2 00

1 00 1 00

2 00 100

2 00

0 50

2 00

170. On attending the un-livery of the cargo, or sale of ship, or vessel, or

goods, per day
On retaining possession of a ship or vessel, or of ship or vessel and

goods, per day
171. Exclusive of such reasonable disbursements actually incurred in the

custody thereof as the registrar or deputy registrar may allow, not

exceeding per day of 24 hours...
(If the marshal or deputy marshal or any of his substitutes is required

to go a greater distance than five miles from his office to perform
any of the above duties, he will be entitled to his reasonable ex-
penses for travelling, board and maintenance, as the registrar or

deputy registrar may allow.)
172. Poundage on the proceeds of any vessel, goods or property sold under

the decree or order of the court if under $250.00 173. If over $250.00 and not exceeding $500.00. 174. For every additional $500,00.. 175. Calling each cause at the hearing in court. 176. Calling each witness

1 00 2 00 0 50 1 00 0 10

6. Fees to be taken by Appraisers.

2 50

177. Each, per appraisement

(To be increased to a sum not exceeding $5.00 in the discretion of the
registrar or deputy registrar.)

7. Fees to be taken by Assessors.

Section 130.

178. Each, per day (to be distributed ratably among the causes if more than

one tried in a day

6 00

8. Allowance to witnesses.

1 00 1 25

4 00

4 00

179. To witness residing not more than three miles from the place to which

summoned, per day 180. To witness residing over three miles from such place 181. Barristers and attorneys and solicitors, physicians and surgeons, when

called upon to give evidence in consequence of any professional ser

vice rendered by them or to give opinions, per day 182. Engineers and surveyors, when called upon to give evidence of any

professional service rendered by them, or to give evidence depending

upon their skill or judgment, per day 183. If the witnesses attend in one cause only, they will be entitled to the

full allowance. 184. If they attend in more than one cause they will be entitled to a pro

portionate part in each cause only.
185. The travelling expenses of witnesses over ten miles, shall be allowed

according to the sums reasonably and actually paid, but in no case
shall exceed twenty cents per mile one way.

9. Government Fee Fund.

186. On every writ by which action is commenced

2 00 187. On every appearance and pleading filed..

1 00 188. On every replication filed

I 00 189. On every order, decree, office copy and other document sealed with the seal of the court...

050 190. On the hearing of every case.

2 00 191. On the hearing of every appeal from the registrar or deputy registrar. 200

When judge or surrogate on final disposition of action, orders only

half costs under section 257, then one-half of fees to be allowed
under this head.




Adapted from Forms referred to in Sec. 64 of the Rules, viz : those of the Supreme Court of Judicature, and the Vice-Admiralty Courts. Certain of the Forms are given almost in their entirety, as they appear in the Appendix to the V. A. Rules. Others are added.


Action for damage by collision.


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In the Maritime Court of Ontario. No....

[7'itle of Action.]

Writ issued 18 1. Shortly before o'clock on the of January, 18 , the ship A.B. of tons register, of which the Plaintiff, C.D., was then owner, whilst on a voyage from to laden with coals, and manned with a crew of hands, all told, was about miles (bearing) from the Light.

2. The wind at that time was about E.N.E., a moderate breeze, the weather was fine, but slightly hazy, and the tide was about slack water, and of little force (or as the case may be). The A.B. was sailing under all plain sail, close hauled on the port tack, heading about S.E., and proceeding through the water at the rate of about tive knots per hour. , Her proper regulation side sailing lights were duly placed and exhibited and burning brightly, and a good look-out was being kept on board of her.

3. At that time those on board the A.B. observed the red light of a sailing vessel, which proved to be the X.Y. at the distance of about from one mile and a half to two miles from the A.B., and bearing about one point on her port bow. The A.B. was kept close hauled by the wind on the port tack. The X. Y. exhibited her green light and shut in her red light, and drew a little on to the starboard bow of the A.B., and she was then seen to be approaching and causing immediate danger of collision.

The helm of the A.B. was thereupon put hard down, but the X. Y. although loudly hailed from the A.B. ran against and with her stem and starboard bow struck the starboard quarter of the A.B. abaft the main rigging, and did her so much damage that the A.B. soon afterwards sank, and was with her cargo wholly lost, and four of her hands were drowned.

4. There was no proper look-out kept on board the X.Y.

5. Those on board the X. Y. improperly neglected to take in due time proper measures for avoiding a collision with the A.B.

6. The helm of the X.Y. was ported at an improper time.

7. The said collision, and the damages and losses consequent thereon, were occasioned by the negligent and improper navigation of those on board the X.Y. The Plaintiff claims

1. A declaration that he is entitled to the damage proceeded for.
2. The condemnation of the Defendants (and their bail) in such

damage and in costs.
3. To have an account taken of such damage with the assistance of

merchants. 4. Such further or other relief as the nature of the case may

require. Dated the


(Signed) Delivered the day of

18 ,by (address in full), Solicitors for the, &c.

day of



In the Maritime Court of Ontario.

[Title of Action.] 1. The Defendants are the owners of the ship X. Y. of tons register, carrying a crew of hands all told, and at the time of the circumstances herein-after stated bound on a voyage to 2. A little before o'clock of the

the X.Y. was about miles S. E. by S. of the

The wind was E.N.E. The weather was hazy. The X. Y. under foresail, fore and main topsails, main topgallant sail, and jib, was heading about W.S. W., making from five to six knots an hour with her regulation light duly exhibited and burping, and a good look-out being kept on board her.

3. In these circumstances, the red lights of two vessels were observed pretty close together, about half mile off, and from two to three points on the starboard bow. The helm of the X. Y. was put to port in order to pass on the port sides of these vessels. One, however, of the vessels, which was the A.B. altered her course, and exhibited her green light, and caused danger of collision. The helm of the X. Y. was then ordered to be steadied, but before this order could be completed was put hard-a-port. The A.B. with her starboard side by the main rigging, struck the stem of the X. Y. and shortly afterwards sank, her master and four of her crew being saved by the X. Y.

4. Save as is herein-before admitted, the several statements in the statement of claiin are denied.

5. The A.B. was not kept on her course as required by law. 6. The helm of the A.B. was improperly starboarded. 7. The collision was caused by one or both of the things stated in the fifth and sixth paragraphs hereof, or otherwise by the negligence of the Plaintiffs, or of those on board the A. B.

8. The collision was not caused or contributed to by the Defendants, or by any of those on board the X. Y.

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