Sections 19-21. As to judges of Vice-Admiralty Courts. As to judge of As to officers of Vice-Admir. alty Courts. Province of Ontario, including all such waters as form part of said Province." (Canada Gazette, vol. xxv., p. 1134 and Statutes Canada, 1892, lxix.) 19. Every person who, at the coming into force of "The Colonial Courts of Admiralty Act, 1890," holds in Canada the office of judge of a Vice-Admiralty Court, shall, until his death, resignation or removal from such office or from the office by virtue of which he is such judge of a Vice-Admiralty Court, or until an arrangement is made with him under the seventeenth section of the Act last mentioned, have and exercise, within the Admiralty district corresponding to the limits of his former jurisdiction as such judge of a Court of Vice-Admiralty, all the jurisdiction, powers and authority of a local judge in Admiralty. 20. The judge of the Maritime Court of Ontario shall, in like manner and for a like time, have and exercise within the Toronto Admiralty district all the jurisdiction, powers and authority of a local judge in Admiralty. 21. Every person who, at the coming into force of "The Colonial Courts of Admiralty Act, 1890,” is a registrar, marshal or other officer of a ViceAdmiralty Court in Canada, shall, during the pleasure of the Governor in Council, and within the Admiralty district corresponding to the limits. of the jurisdiction of such Vice-Admiralty Court, have and exercise the like office in the Exchequer Court in respect of its Admiralty jurisdiction, and shall, subject to any general rule or order, have the like powers and authority, and perform the like duties, as he might have had or performed, as such registrar, marshal or other officer of a Vice-Admiralty Court. 22-24. 22. The registrar and marshal of the Maritime Sections. Court of Ontario shall, during the pleasure of the Governor in Council, be the registrar and marshal, and marshal respectively, of the Toronto Admiralty district. As to registrar of Maritime Court of Onta rio. Court of Onta 23. On the coming into force of this Act, the Maritime Maritime Court of Ontario shall be abolished, but rio abolished. subject to the following provisions: (1) All judgments of such court shall be executed and may be appealed from in like manner as if this Act had not been passed, and all appeals from such court pending at the commencement of this Act shall be heard and determined and the judgment thereon executed as nearly as may be in like manner as if this Act had not been passed: (2) All proceedings pending in such court at the commencement of this Act shall be continued in the district registry corresponding to that in which they were instituted or are now pending : (3) The procedure and practice (including fees and costs) now in force in such court shall, until otherwise provided by general rule or order, be followed, as nearly as may be, in any proceeding now pending in such court or hereafter instituted in the registry of any Admiralty district in the Province of Ontario : (4) The provisions of the fifth and sixth subsections of the fourteenth section of "The Maritime Court Act," shall apply to any proceeding instituted in the registry of any Admiralty district in the Province of Ontario. 24. Nothing in sections five to twenty-two of Construction. this Act, both inclusive, shall limit, lessen or impair the jurisdiction of the judge of the Exchequer Sections 25, 26. Rules of court. Commencement of Act. Court in respect of the Admiralty jurisdiction of the court, or otherwise. 25. Any rules or orders of court made by the Exchequer Court of Canada for regulating the procedure and practice therein, (including fees and costs), in the exercise of the jurisdiction conferred by "The Colonial Courts of Admiralty Act, 1890," and this Act, which require the approval of Her Majesty in Council, shall be submitted to the Governor in Council for his approval, and, if approved by him, shall be transmitted to Her Majesty in Council for Her approval. 26. This Act shall not come into force until Her Majesty's pleasure thereon has been signified by proclamation in the Canada Gazette. (d) (d) See p. 1, note. GENERAL RULES AND ORDERS REGULATING THE PRACTICE AND PROCEDURE IN ADMIRALTY CASES IN THE EXCHEQUER COURT OF CANADA. Rule 1. In pursuance of the provisions of "The Colonial Courts of Admiralty Act, 1890" and of "The Admiralty Act, 1891," (Canada), it is ordered that the following rules of court for regulating the practice and procedure (including fees and costs) of the Exchequer Court of Canada in the exercise of its jurisdiction, powers and authority as a court of Admiralty shall be in force in the said court. tion. 1. In the construction of these rules, and of Interpreta the forms and tables of fees annexed thereto, the following terms shall (if not inconsistent with the context or subject-matter) have the respective meanings hereinafter assigned to them; that is to say: plural num (a) Words importing the singular number in- Singular or (b) Words importing the masculine gender Masculine include females; gender. (c) "District shall mean an Admiralty district District, constituted by or by virtue of The Rule 1. Court. (d) Registry. (e) Judge. Registrar. Marshal. Admiralty Act, 1891; and in respect of proceedings in the registry of the court at Ottawa shall include the whole of Canada; "Court" or "Exchequer Court" shall mean the Exchequer Court of Canada; Registry" shall mean the registry of the court, or any district registry thereof; (f) "Judge" shall mean the judge of the court, or a local judge in admiralty of the court, or any person lawfully authorized to act as judge thereof; (g) "Registrar" shall mean the registrar of the court, or any deputy, assistant or district registrar thereof; (h) "Marshal" shall mean the marshal of the court, or any deputy, assistant or district marshal thereof, or any sheriff or coroner authorized to perform the duties and functions of a sheriff in connection with the court; Action. (i) Counsel. "Action" shall mean any action, cause, suit, or other proceeding instituted in the court; (j) "Counsel" shall mean any advocate, barrister-at-law, or other person entitled to practice in the court; "Solicitor" shall mean any proctor, solicitor or attorney entitled to practice in the court; "Plaintiff" shall include the plaintiff's solicitor, if he sues by a solicitor; |