A.D. 1859.

Instruments, and the Service thereof.

165. Every instrument which is signed by the registrar and issued under the seal of the Court shall be prepared in the registry, on a præcipe filed by the proctor applying for the same, and shall bear date on the day on which it is issued.

166. Every instrument shall be served within six months from the day on which it bears date, otherwise the service thereof shall not be valid.

167. No instrument except a warrant shall be served on a Sunday, Good Friday, or Christmas Day; and a warrant served on any of those days shall be deemed to have been served on the next following day.

168. Every warrant or other instrument required to be served by the marshal shall be left by the proctor taking out the same with a præcipe in the marshal's office.

169. Instruments not required to be served by the marshal may be served by the proctor, his clerk or agent.

172. The service of any instrument by the marshal shall be verified by his certificate. The service of any instrument by a proctor, his clerk or agent, shall be verified by an affidavit.

Subpænas.

173. Subpoenas may be issued under the seal of the Court with the names of the witnesses in blank; and any subpoena may contain the names of any number of witnesses.

Caveats.

174. A caveat, whether against the issue of a warrant, the release of property, or the payment of money out of the registry, shall not remain in force for more than six months from the day of the date thereof.

175. A caveat may be withdrawn by the party on whose behalf it has been entered or by his proctor; but the præcipe to lead the withdrawal thereof shall, save by permission of the registrar, be signed by the same person who signed the præcipe to lead the entry of the

caveat.

176. Application may be made to the judge on motion or by summons to overrule any caveat.

Copies.

177. All copies of documents, whether issued from the registry or otherwise, shall be counted and charged for at the rate of seventytwo words per folio; and every numeral, whether contained in columns or otherwise written, shall be counted and charged for as a word.

178. Office copies of documents furnished from the registry shall not be collated with the originals from which the same are copied, unless specially required.

Searches.

179. The parties and proctors in a cause, and their clerks, may, while the cause is pending, and for a period of three months from the termination thereof, inspect free of charge all the acts, minutes, and documents filed therein.

180. Other persons may inspect the Court books on payment of the proper fee.

181. No person, except a party or proctor in the cause or a clerk of the latter, shall be allowed, save by permission of the judge, to inspect any of the documents in a pending cause.

Seal of the Court.

182. All instruments and orders or decrees of Court, office copies, and other documents issued from the registry, shall be sealed with the seal of the Court.

Office Hours and Holidays.

183. Save on the holidays mentioned in the next following rule (a), the registry shall be open for the despatch of business on every day throughout the year from 10 A.M. to 4 P.M., the marshal's office from 10 A.M. to half-past 4 P.M. (b).

Computation of Time.

185. In computing the time within which an appearance shall be given to any instrument, summons, notice, or other process, neither the day of the service thereof, nor any of the holidays mentioned in the preceding rule, shall be included; and the same rule shall be observed in regard to the service and filing of any document (c).

Forms.

186. The forms annexed to these Rules, Orders, and Regulations shall be followed as nearly as the circumstances of each case will allow (d).

Fees.

187. The fees to be paid to the officers and practitioners in causes in the Court are set forth in the schedules hereto annexed (e).

(a) Sundays, New Years Day, Good Friday, Easter Monday and Tuesday, Whit Monday and Tuesday, and Christmas Day.

(b) See J. A., O. LXI.

(c) See J. A., O. LVII.

(d) For such as exist, see App. IV., post.

(e) For such as exist, see App. II., ante.

A.D. 1859.

Printing

ADDITIONAL RULES OF COURT UNDER THE SUPREME COURT OF JUDICATURE ACT, 1875, AS TO PRINTING, 12TH AUG., 1872.

ORDER I.

When any written deposition of a witness has been filed for use on deposition, a trial, such deposition shall be printed, unless otherwise ordered.

&c.

ORDER II.

The rules of Court as to printing depositions and affidavits to be used on a trial shall not apply to depositions and affidavits which have previously been used upon any proceeding without having been printed.

ORDER III.

Other affidavits than that required to be printed by Order XXXVIII., Rule 6, in the schedule to the Supreme Court of Judicature Act, 1875, may be printed if all the parties interested consent thereto, or the Court or judge so order.

ORDER IV.

The 3rd rule of the Order XXXIV., in the first schedule to the Supreme Court of Judicature Act, 1875, shall apply to a special case, pursuant to the Act of 13 & 14 Vict. c. 35. (Annulled, April, 1880.)

ORDER V.

Where, pursuant to rules of Court, any pleading, special case, petition of right, deposition, or affidavit is to be printed, and where any printed or other office copy thereof is to be taken, the following regulations shall be observed:

1. The party on whose behalf the deposition or affidavit is taken
and filed is to print the same in the manner provided by
Rule 2 of Order LVI. in the first schedule to the Supreme
Court of Judicature Act, 1875.

2. To enable the party printing to print any deposition, the
officer with whom it is filed shall, on demand, deliver to
such party a copy written on draft paper on one side only.
3. The party printing shall, on demand in writing, furnish to
any other party or his solicitor any number of printed
copies, not exceeding ten, upon payment therefor at the
rate of 1d. per folio for one copy, and d. per folio for every
other copy.

4. The solicitor of the party printing shall give credit for the
whole amount payable by any other party for printed
copies.

5. The party entitled to be furnished with a print shall not be allowed any charge in respect of a written copy, unless the Court or judge shall otherwise direct.

6. The party by or on whose behalf any deposition, affidavit, or A.D. 1875.
certificate is filed, shall leave a copy with the officer with
whom the same is filed, who shall examine it with the
original and mark it as an office copy; such copy shall be a
copy printed as above provided where such deposition or
affidavit is to be printed.

7. The party or solicitor who has taken any printed or written
office copy of any deposition or affidavit is to produce the
same upon every proceeding to which the same relates.
8. Where any party is entitled to a copy of any deposition,
affidavit, proceeding, or document filed or prepared by or on
behalf of another party, which is not required to be printed,
such copy shall be furnished by the party by or on whose
behalf the same has been filed or prepared.

9. The party requiring any such copy, or his solicitor, is to make
a written application to the party by whom the copy is to
be furnished or his solicitor, with an undertaking to pay
the proper charges, and thereupon such copy is to be made
and ready to be delivered at the expiration of twenty-four
hours after the receipt of such request and undertaking or
within such other time as the Court or Judge may in any
case direct, and is to be furnished accordingly upon demand
and payment of the proper charges.

11. It shall be stated in a note at the foot of every affidavit filed, on whose behalf it is so filed, and such note shall be printed on every printed copy of an affidavit or set of affidavits, and copied on every office copy and copy furnished to a party. 12. The name and address of the party or solicitor by whom any copy is furnished is to be endorsed thereon in like manner as upon proceedings in Court, and such party or solicitor is to be answerable for the same being a true copy of the original or of an office copy of the original of which it purports to be a copy, as the case may be.

13. The folios of all printed and written office copies, and copies delivered or furnished to a party, shall be numbered consecutively in the margin thereof, and such written copies shall be written in a neat and legible manner on the same paper as in the case of printed copies.

14. In case any party or solicitor who shall be required to furnish any such written copy as aforesaid shall either refuse or, for twenty-four hours from the time when the application for such copy has been made, neglect to furnish the same, the person by whom such application shall be made shall be at liberty to procure an office copy from the office in which the original shall have been filed, and in such case no costs shall be due or payable to the solicitor so making default in respect of the copy or copies so applied for.

15. Where, by any order of the Court (whether of appeal or otherwise) or a Judge, any pleading, evidence, or other document is ordered to be printed, the Court or Judge may order the expense of printing to be borne and allowed, and printed copies to be furnished by and to such parties and upon such terms as shall be thought fit.

D D

A.D. 1875.

PART III.

THE CONSOLIDATED COUNTY COURT ORDERS AND
RULES, 1875, WITH FORMS AND SCALES OF COSTS
AND FEES.*

ORDER XIX.

Where

1. Every order for the payment of money may be enforced in the same manner as a judgment for debt or damages is enforced under section 94 of the County Courts Act, 1846.

1. The Judge may try or partly try the action at any place within action may the Admiralty district of the Court.

be tried.

Undertak

ing by

2. Where application is made to the Judge for the trial or part trial of an Admiralty action at a place in which a County Court does solicitor for not sit, the solicitor shall file a præcipe undertaking to provide at his expense a place to the satisfaction of the Judge in which the action may be tried, and pay the necessary expenses of the Court and officers so attending.

expenses.

Sittings of 3. The days of the sitting of the Court shall be those appointed the Court in for the transaction of the ordinary general business of the County Admiralty. Court held in the city or town mentioned in the name of the Court, or such other days as the Judge may from time to time appoint for the trying of an Admiralty action where, from the detention of a vessel or otherwise, a prompt determination of the action is desirable.

Commencement of action.

Notice of

commence

ment of action to

be given to

Consul in certain

cases.

Institution of Action.

4. A solicitor desiring to commence an Admiralty action shall file a præcipe which shall state the nature of the action, the name, address, and description of the party in whose behalf it is instituted, the name of the solicitor, and an address within three miles of the courthouse at which it shall be sufficient to leave all instruments and documents in the action required to be served upon him, and it shall also state the name of the owner or owners or other person against whom the action is instituted, or it shall state that the action is instituted against the vessel or other property to which the action relates.

5. In an Admiralty action for wages against the owners of a foreign vessel, notice of the commencement of the action shall be given to the consul or vice-consul of the state to which the vessel belongs, if there be one resident within the district of the Court, and a copy of the notice shall be annexed to the præcipe.

* The orders are inserted only when they relate to Admiralty actions.