If any such fee is not paid by the party liable therefor it may be paid by any other party to the proceeding and allowed as a necessary disbursement in the cause, or the judge may make such order in respect of such evidence and the disposal of the action or proceeding as to him seems just. Note. If evidence is taken down by a shorthand writer no fee for taking down and certifying to such evidence shall be allowed to the registrar or commissioner. X.-BY WITNESSES. To witness residing not more than three miles from the place to which summoned, per day...........$ 1 00 To witnesses residing over three miles from such place........ Barristers and attorneys and solicitors, physicians and surgeons, when called upon to give evidence Engineers and surveyors, when called upon to give If the witnesses attend in one cause only, they will be entitled to the full allowance. If they attend in more than one cause they will be entitled to a proportionate part in each cause only. 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 ten cents per mile travelled. 1 25 5 00 5 00 ORDERS IN COUNCIL APPROVING OF RULES, Etc. The following public documents, Imperial and Canadian, appeared in the Canada Gazette of June 10, 1893, preceded by a Public Notice of the Honourable the Secretary of State, 6th June, 1893, to the effect that His Excellency the Governor-General in Council, and Her Majesty in Council, had approved of the General Rules and Orders regulating the Practice and Procedure (including fees and costs), of the Exchequer Court of Canada in the exercise of its jurisdiction, powers and authorities as a Court of Admiralty, being the General Rules and Orders set forth in the preceding pages : CERTIFIED Copy of a Report of a Committee of the Honourable the Privy Council, approved by His Excellency the Governor-General in Council, on the 10th December, 1892. On a report dated 6th December, 1892, from the Minister of Justice submitting for Your Excellency's consider ation certain general rules and orders, made by the judge of the Exchequer Court of Canada on the 5th December instant, for regulating the practice and procedure in that court in Admiralty cases. These rules and orders, under the provisions of section 25 of The Admiralty Act, 1891, require the approval of Your Excellency in Council, and under the provisions of section 7 of The Colonial Courts of Admiralty Act, 1890, they will not come into operation until they have been approved also by Her Majesty in Council. The Minister is of opinion that they are such as should receive approval of Your Excellency in Council, and he recommends accordingly. The Minister further recommends that a copy of them be transmitted to the Right Honourable Her Majesty's Principal Secretary of State for the Colonies with a request that he will cause them to be submitted to Her Majesty in Council for approval. The Minister further suggests that in the Despatch transmitting these rules and orders, attention be called, with a view to such action thereunder as to Her Majesty in Council may seem proper, to the provisions of sub-section 2 of section 7 of The Colonial Courts of Admiralty Act under which Her Majesty in Council may, in approving rules. made under the section, declare that rules with respect to any matters which appear to Her Majesty to be matters of detail or of local concern may be revoked, varied or added to, without the approval required by the section The Committee advise that Your Excellency be moved to take action in the sense of the recommendation of the Minister of Justice. All of which is respectfully submitted for Your Excellency's approval. To the Honourable JOHN J. McGEE, Clerk of the Privy Council. The Minister of Justice. DOWNING STREET, 6th April, 1893. MY LORD, I have the honour to transmit to you, with reference to your despatch, No. 331, of the 14th of December, an Order of Her Majesty in Council approving the of Fees appended to the Rules may be revoked, varied or added to without the approval of Your Majesty in Council." Her Majesty, having taken the said Memorial into consideration, was pleased, by and with the advice of Her Privy Council, to approve of what is therein proposed, and to direct that the Rules of Court hereto annexed shall be the Rules of Court for the said Exchequer Court of Canada in its Admiralty jurisdiction and shall be established and be in force in the said court, and to declare that Rules 158 to 176 (both inclusive), Rule 224, and the Tables of fees appended to the Rules may be revoked, varied, or added to, without the approval of Her Majesty in Council. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary direction herein accordingly. C. L. PEEL. in the exercise of the jurisdiction conferred by this Act, whether original or appellate, may be made by the same authority and in the same manner as rules touching the practice, procedure, fees, and costs in the said court in the exercise of its ordinary civil jurisdiction respectively, are made, but that such rules of court shall not come into operation until they have been approved by Your Majesty in Council, but on coming into operation shall have full effect as if enacted in the said Act. "And whereas it appears to Us and to Your Majesty's Secretary of State for the Colonies to be expedient that the Rules of Court hereto annexed, having been duly prepared by the proper Authority as required by the said Act, should be established and be in force in the Exchequer Court of Canada in its Admiralty jurisdiction, "And whereas the provisions of sub-section 2 of section 7 of the aforesaid Act empower Your Majesty in Council in approving rules made under this section to declare that the rules so made with respect to any matters which appear to Your Majesty to be matters of detail or of local concern may be revoked, varied, or added to, without the approval required by this section. "And whereas it appears to Us that Rules 158 to 176 relating to appeals from the judgment or order of a local Judge in Admiralty to the Exchequer Court; Rule 224, as to cases in which half fees only should be allowed; and the Tables of Fees appended to the Rules should be considered to come within the scope of the sub-section in question, and be declared to be subject to revocation, varition, or addition, without the approval of Your Majesty in Council. "Now, therefore, We beg leave humbly to recommend that Your Majesty will be graciously pleased by Your Order in Council to direct that the Rules of Court hereto annexed shall be the Rules of Court for the said Exchequer Court of Canada in its Admiralty jurisdiction, and shall be established and be in force in the said court, and to declare that Rules 158 to 176 (both inclusive), Rule 224, and the Tables H.A.A.-12 |