the action, of all appearances entered, all docu- Rules 214-219. ments issued or filed, all acts done, and all orders and decrees of the court, whether made by the judge, or by the registrar, or by consent of the parties in the action. Forms of minute of order Forms. of court, of minute on examination of witnesses, of minute of decree, and of minutes in an action for damage by collision, will be found in the appendix hereto, Nos. 70 to 73. 214. There shall be kept in the registry a Caveat books. caveat warrant book, a caveat release book, and a caveat payment book, in which all such caveats, respectively, and the withdrawal thereof, shall be entered by the registrar. solicitors. 215. Any solicitor may inspect the minute and Inspection by caveat books. 216. The parties to an action may, while the By parties. action is pending, and for one year after its termination, inspect, free of charge, all the records in the action. sons. 217. Except as provided by the two last pre- No other perceding rules, no person shall be entitled to inspect the records in a pending action without the permission of the registrar. terminated; 218. In an action which is terminated, any If action person may, on payment of a search fee, inspect search fee. the records in the action. COPIES. 219. Any person entitled to inspect any docu- Office copies. ment in an action shall, on payment of the proper charges for the same, be entitled to an office copy thereof under seal of the court. Rules 220-224. Forms. Fees. In registry at Ottawa to be in stamps. Folio, 100 words. Half-fees. FORMS. 220. The forms in the appendix to these rulesshall be followed with such variations as the circumstances may require, and any party using any other forms shall be liable for any costs occasioned thereby. As to the forms of pleadings appended to the Admiralty Rules of the High Court, England, it was said by Sir J. Hannen that those forms were only to be taken as specimens of the character of the pleadings, and were not to be slavishly adhered to, though the pleader must endeavour to state the case in as succinct a form as possible; observing at the same time that his decision applied only to the particular case before him (s). FEES. 221. Subject to the following rules, the fees set forth in the tables of fees in the appendix hereto shall be allowed on taxation. 222. In any proceeding instituted in the registry at Ottawa the fees to be taken by the registrar shall be paid in stamps, and the proceeds of the sale of such stamps shall be paid into the Consolidated Revenue Fund of Canada. 223. Where the fee is per folio, the folio shall be counted at the rate of 100 words, and every numeral, whether contained in columns or otherwise written, shall be counted and charged for as a word. 224. Where the sum in dispute does not exceed $200, or the value of the res does not exceed $400, one-half only of the fees (other than disbursements) set forth in the table hereto annexed shall be charged and allowed. (8) The Isis, 8 P. D. 227. pute." 225. Where costs are awarded to a plaintiff Rules 225-229. the expression "sum in dispute" shall mean the "Sum in dissum recovered by him in addition to the sum, if any, counter-claimed from him by the defendant; and where costs are awarded to a defendant, it shall mean the sum claimed from him in addition to the sum, if any, recovered by him. 226. The judge may, in any action, order that Half-fees. half fees only shall be allowed. counsel and 227. If the same practitioner acts as both Acting both as counsel and solicitor in an action, he shall not for solicitor. any proceeding be allowed to receive fees in both capacities, nor to receive a fee as counsel where the act of a solicitor only is necessary. CASES NOT PROVIDED FOR. Admiralty, H. C. J. Eng land. 228. In all cases not provided for by these Practice in Rules the practice for the time being in force in respect to Admiralty proceedings in the High Court of Justice in England shall be followed. The practice in Admiralty proceedings in England is governed by the Rules of the Supreme Court, 1883, one of which provides that where no other provision is made by the Judicature Acts or Rules, the procedure and practice existing at the time of the passing of such rules shall remain in force; as to which it is said, that to a great extent the procedure and practice thus remaining in force is the procedure and practice founded on the Rules of 1859, viz., of the former High Court of Admiralty (t). COMMENCEMENT OF RULES. force on notice 229. These Rules shall come into force on the These Rules in day on which notice of the approval thereof by in Gazette. His Excellency the Governor-General in Council, and by Her Majesty in Council shall be published (t) Wms. & B. 2nd ed., 565. Rule 230. Rules repealed V. A. Rules, 1883. M. C. Ontario in the Canada Gazette, and shall apply to all actions then pending in the Exchequer Court of Canada on its Admiralty side, as well as to actions commenced on and after such day (u). REPEALING CLAUSE. 230. From and after the day on which the notice of the approval of these Rules by His Excellency the Governor-General in Council and by Her Majesty in Council, is published in the Canada Gazette, the following rules and regulations, together with all forms thereto annexed, and the table of fees now in force in the Exchequer Court in Admiralty proceedings, shall, in respect to any such proceeding in such court be repealed:— (a) The rules and tables of fees for the ViceAdmiralty Courts established by an Order of Her Majesty in Council of the 23rd of August, 1883; and (b) The rules and regulations and the table of fees previously in force in the Maritime Court of Ontario, and made by the judge of such court on the 31st day of January, 1889, and approved by His Excellency the Governor-General in Council on the 14th day of February, 1879, and all rules of the said Maritime Court of Ontario. Dated, at Ottawa, this 5th day of December, A.D., 1892. GEO. W. BURBIDGE, (u) See note p. 1, ante, and Orders in Council, post. J. E. C. APPENDIX. I. FORMS. No. 1. TITLE OF COURT. IN THE EXCHEQUER COURT OF CANADA. IN ADMIRALTY. or (if instituted in a District Registry) IN THE EXCHEQUER COURT OF CANADA. [Rule 4. THE QUEBEC (or as the case may be) ADMIRALTY DISTRICT. her cargo and freight. or (if the action is against cargo only), (d) The cargo ex the ship [state name of ship on board of which the cargo now is or lately was laden]. or (if the action is against the proceeds realized by the sale of the ship or cargo), (e) The proceeds of the ship or (f) The proceeds of the cargo ex the ship or as the case may be. Action for [state nature of action, whether for damage by collision, wages, bottomry, &c., as the case may be]. H.A.A.-7 |