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(18)

ORDER CONSOLIDATING ACTIONS.

In the Maritime Court of Ontario.

are for

No.

(Title of Action.] Upon the application of the in action number (or as the case may be), and upon reading the certificate of the

registrar of this court, whereby it appears that actions numbers and wages, and it appearing also that the said action number is also for wages, and is instituted in the same office (or the case may be) and against the same property as the said other action. And the plaintiffs in said action number undertaking that all proceedings to be taken therein shall apply to and include the said action number and that the decree in the said action number shall include all necessary provisions and directions for the benefit of the plaintiff in said action number and for realizing the amount which may be ascertained to be due to for said claims and costs. And upon hearing for the in said actions, it is ordered that all further proceedings in said action number

be stayed and that the same be consolidated with the said action number and that the said last named action be proceeded with against said property on behalf of all said plaintiffs, Dated at Chambers.

Judge.

(19)

BOND FOR SECURITY FOR COSTS ON APPEAL TO SUPREME

COURT OF CANADA.

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are

day of

In the Maritime Court of Ontario. No

[Title of Action.) Required by Sec. 46, “Supreme and Exchequer Courts' Act.” KNOW ALL MEN by these presents that we, A.B., of the of in the county of and Province of C.D. of and E.F. of jointly and severally held, and jointly bound unto G.H. in the penal sum of five hundred dollars, for which payment well and truly to be made, we bind ourselves and each of us by himself, our and each of our heirs, executors, and administrators, firmly by these presents. Dated this

A.D. 18 Whereas a certaiu action was brought in the Maritime Court of Ontario at , by the said A.B. as plaintiff against And whereas a judgment or decision was pronounced by the judge of the said court (or by the Surrogate judge of the said court at ) and a decree (or order) was made in said action on the day of (or as the case may be) against the said

and whereas the said

complains that in pronouncing the said judgment in said action, manifest error bath intervened, wherefore the said desires to appeal from the said judg. ment decision, decree, or order (or as the case may be) to the Supreme Court of Canada.

Now the condition of this obligation is such, that if the said shall effectually prosecute his suid appeal and pay such costs and damages as may be awarded against him by the Supreme Court of Canada, then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed, aud

A.B.

L.S. delivered in

C.D.

L.S. presence of,

E.F.

L.S.

(20)

AFFIDAVIT OF EXECUTION.

In the Maritime Court of Ontario.

[Title of Action.]

The I,

of the make oath and say (1) that I was personally present and did see the foregoing instrument duly signed, sealed, and executed by parties thereto.

(2) That the said instrument was executed at
(3) That I know the said parties,
(4) That I am a subscribing witness to the said instrument.
Sworn before me at the

of
in the county of
this
day of

18

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will pay

all my

I, C.D., of make oath and say, that I am a resident inhabitant of the Province of and am a freeholder in the

of aforesaid, and that I am worth the sum of $1,000 over and above what

debts. And I, the said E.F., of the of make oath and say, that I am a resident inhabitant of the said Province of and am a freeholder in the of aforesaid, and that I am worth the sum of $1,000, over and above what will pay my debts.

The above named deponents, C.D. and E.F., were severally sworn be

C.D. fore me in the of in the

E.F. county of

aud Province of this

18 .

day of

(22)

POWER OF ATTORNEY TO RECEIVE MONEY.

In the Maritime Court of Ontario.

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[Title of Action.] I, of State of

one of of the United States of America, (or as the case may be), do hereby appoint and authorise of the of in the Province of Ontario as my Attorney, to receive for me all sums of money which may be payable to me out of the proceeds arising from the sale of the said vessel, remaining in court decreed or awarded to me in the said action, (or as the case may be), and in my name to give all necessary receipts and acquittances for the same.

In witness whereof I have hereunto set my hand and seal this day of 18

Signed, sealed, and delivered
in presence of

L.S.

.

[Add Affidavit of Execution as Form (20)

INLAND WATERS SEAMEN'S ACT.

Revised Statutes of Canada, Chapter 75.

An Act respecting the Shipping of Seamen on Inland

Waters, A.D. 1886 (referred to in preceding Rules.)
H
ER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as follows :

SHORT TITLE.

Short title.

1. This Act may be cited as The Inland Waters Seamen's Act" 38 V., c. 29, s. 1.

INTERPRETATION.

"Seaman."

Interpreta 2. In this Act, unless the context otherwise requires
tion.
Ship."

(a.) The expression “ship ” includes every description of vessel

used in navigation, not propelled by oars; “ Master." (6.) The expression “master” includes every person having

command or charge of a ship, except a pilot ;

(c) The expression “ seaman” includes every person employed or engaged in any capacity on board any ship, except masters

and pilots ; “ Consular (d.) The expression “ Consular officer" includes Consul Gene. Officer.”

ral, Consul, and Vice-Consul, and any person for the time being

discharing the duties of Consul General, Consul or Vice-Consul. Minister." (e.) The expression " the Minister” means the Minister of

of Marine and Fisheries ; "Ship subject (1.) The expression “ship subject to the provisions of this Act”

includes every ship registered in Canada propelled by steam, and of more than twenty tons, registered tonnage, or propelled otherwisa than by steam, and of more than fifty tons registered tonnage, and employed in navigating the inland waters of Canada above the harbor of Quebec, 38 V., c. 29, s. 2, part.

to the

visions of this Act.

APPLICATION OF ACT.

Act not to apply to barges, &c.

3. This Act shall not apply to barges and scows navigating rivers and canals. 38 V., c. 29, s. 2, part.

ENGAGEMENT AND WAGES OF SEAMEN,

Agreement 4. The master of every ship subject to the provisions of this between mas.

Act, shall enter into an agreement with every seamen whom ter and crew.

he carries as one of his crew, in the manner hereinafter men. Form of

tioned; and every such agreement shall be in the form of the agreement. schedule to this Act, or as near thereto as circumstances admit,

is to say:

voyage.

work.

framed as to

and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, Particulars. and shall contain the following particulars as terms thereof, that

(a.) The nature and, as far as practicable, the duration of the Nature of intended voyage or engagement;

(6.) The number and description of the crew, specifying how Crew. many are engaged as sailors ;

(c.) The time at which each seamen is to be on board or to Time for begin work : (d.) The capacity in which each seaman is to serve;

Capacity. (e.) 'ihe amount of wages which each seaman is to receive;

Wages. (1) Any regulations as to concluct on board, and as to fines, or Conduct, &e. other lawful punishments for misconduct which the parties agree to adopt :

2. Every such agreement shall be so framed as to admit of To be so stipulations, to be adopted at the will of the master and seamen

admit of ver in each case, as to advances, and may contain any other stipula- tain stipula tions which are not contrary to law; and every such

agreement tions. shall be made and signed in presence of a respectable witness, or a shipping master or chief officer of customs, who shall attest each signature on such agreement;

3. Any seaman who has signed any such agreement may, at the Discharge of termination of his engagement, if the master thinks fit, be dis- seamen, how

effected. charged before any shipping master or chief officer of customs in Canada; and at any period during any such engagement, and before its termination, the master may discharge any such seaman on payment of his wages, and with his consent, and

any such discharge may be made, if the master thinks tit, before any shipping master or chief officer of customs in Canada. 38 V., c. 29, s. 3.

5. In the case of ships subject to the provisions of this Act Muration of making short voyages, running agreements with the crew may be agreement. made to extend over two or more voyages, or for a specified time, so that no such agreement shall extend beyond eight months from the date of such agreement, or the first arrival of the ship at her port of destination after the termination of such agreement, or the discharge of cargo consequent upon such arrival; and every Engagement person entering into such agreement, whether engaged upon the ani ilistirst commencement thereof, or otherwise, shall enter into and charge. sign the same in the manner hereinbefore required; and every person engaged thereunder when discharged may be discharged in the manner herein before provided for. 38 V., c. 29, s. 4.

6. Every master of any ship subject to the provisions of this Penalty for Act, who carries any seaman as one of his crew without entering carrying sea: into an agreement with him, in the form and manner and at the agreement. place and time in such case required, shall

, for each such offence. incur a penalty not exceeding twenty dollars. 38 V., c. 29, s.

7. Every erasure, interlineation or alteration in any such Erasures, &e. agreement with seamen as is required by this Act, except addi- in agreement tions made for shipping substitutes or persons engaged subse- consent of all quently to the first departure of the ship, shall be wholly inoper- parties is ative, unless proved to have been made with the consent of all proved. the persons interested in such erasure, interlineation or alteration,

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