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124, Deputy registrar forwarding receipt and papers as to payment to regis

trar

125. Subpœna, including præcipe.

126. Fee to registrar entering institution af action in book whether at head
office or deputy registrar's.

0 25

0.50

0.60

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132. Searches extending over one year and within two years.

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137. Each attendance on reference or other special matter per hour, or en-
largement thereof

1.00

138. Attending the opening of a commission.

139. Every commission for examination of witnesses or parties.

1 00 1.00

140. Each verdict taken, non suit, record withdrawn, or rule or order of
reference at trial

1 00

141. Attending on inspection of documents produced with affidavit on pro-
duction, per hour

1.00

142. Taxing costs, per hour

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

0.50

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

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154. Every such attendance, when either solicitor or witness does not attend,
and examiner not previously notified......

1800

Section 123.

4. Fees to be taken by Official Reporter.

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

5 00

0 10

157. Eor each additional copy, per folio

0 05

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..

0 25

0 50

160. On the execution of every warrant

2.00

161. Service of writ of summons in personam, each defendant

1 CO

162. Serving subpoenas, rules, notices or other papers, (besides mileage).... 0 50
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

0 13

2.00

2.00

166. On the execution of every other instrument for which a fee is not
specially provided....

1.00

167. On attending, appointing and swearing appraisers, each

1.00

168. On delivering up ship, vessel, goods or property to the purchaser
agreeably to the inventory

2.00

169. Fee on bill of sale of ship

100

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

2.00

0 50

2.00

1.00 2.00

0 50
1.00

0 10

6. Fees to be taken by Appraisers.

177. Each, per appraisement.

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

2.50

7. Fees to be taken by Assessors.

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.

179. To witness residing not more than three miles from the place to which summoned, per day

1.00

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

8135

25

4.00

4.00

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 proportionate 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 187. On every appearance and pleading filed..

188. On every replication filed

2.00

1.00

I 00

189. On every order, decree, office copy and other document sealed with the

seal of the court. . . . . . .

0 50

190. On the hearing of every case.

2.00

2 00

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

Section 130.

APPENDIX.

[ADDITIONAL FORMS.]

PLEADINGS.

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 Others are added. in the Appendix to the V. A. Rules.

(1)

Action for damage by collision:

STATEMENT OF CLAIM.

In the Maritime Court of Ontario.

No....

1. Shortly before

ship A.B. of

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of January, 18 the

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tons register, of which the Plaintiff, C.D., was then owner, whilst on a voyage from manned with a crew of (bearing) from the

Light.

laden with coals, and hands, all told, was about

miles

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 five 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

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Delivered the

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Solicitors for the, &c.

(2)

DEFENCE AND COUNTER-CLAIM.

In the Maritime Court of Ontario.

[Title of Action.]

1. The Defendants are the owners of the ship X. Y. of register, carrying a crew of

tons

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

miles S. E. by S. of the

weather was hazy.

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the X. Y. was about The wind was E.N.E. The 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 burning, 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 claim 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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