of the Treasury Board, into the Treasury of the Dominion. A form of receivable order will be found in the Appendix hereto, No. 54 (1).

178. A bank or Treasury receipt for the amount shall be filed, and thereupon the payment into Court shall be deemed to be complete.

PAYMENTS OUT OF COURT.

179. No money shall be paid out of Court except upon an order signed by the judge. On signing a receipt to be prepared in the registry, the party to whom the money is payable under the order will receive a cheque for the amount signed by the registrar, upon the bank in which the money has been lodged, or an order upon the Treasurer in such form as the Treasury Board shall direct. A form of order for payment out of Court will be found in the Appendix hereto, No. 55 (2).

CAVEATS.

180. Any person desiring to prevent the arrest of any property may file a notice, undertaking, within three days after being required to do so, to give bail to any action or counter-claim that may have been, or may be, brought against the property, and thereupon the registrar shall enter a caveat in the caveat warrant book hereinafter mentioned. Forms of notice and of caveat warrant will be found in the Appendix hereto, Nos. 56 and 57.

181. Any person desiring to prevent the release of any property under arrest, shall file a notice, and thereupon the registrar shall enter a caveat in the caveat release book hereinafter mentioned. Forms of notice and of caveat release will be found in the Appendix hereto, Nos. 58 and 59.

182. Any person desiring to prevent the payment of money out of Court shall file a notice, and thereupon the registrar shall enter a caveat in the caveat payment book hereinafter mentioned. Forms of notice and of caveat payment will be found in the Appendix hereto, Nos. 60 and 61.

(1) Wms. & Br. (ed. 1886), p. 292. The Edmond, Lush. 211.

(2) The Annie Childs, Lush. 509.

The North American, ibid 79.
Wms. & Br. (ed. 1886), p. 292.

183. If the person entering a caveat is not a party to the action, the notice shall state his name and address, and an address within three miles of the registry at which it shall be sufficient to leave all documents required to be served upon him.

184. The entry of a caveat warrant shall not prevent the issue of a warrant, but a party at whose instance a warrant shall be issued for the arrest of any property in respect of which there is a caveat warrant outstanding, shall be condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the judge good and sufficient reason to the contrary.

185. The party at whose instance a caveat release or caveat payment is entered, shall be condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the judge good and sufficient reason to the contrary.

186. A caveat shall not remain in force for more than six months from the date of entering the same.

187. A caveat may at any time be withdrawn by the person at whose instance it has been entered, on his filing a notice withdrawing it. A form of notice of withdrawal will be found in the Appendix hereto, No. 62.

188. The judge may overrule any caveat.

SUBPOENAS.

189. Any party desiring to compel the attendance of a witness shall serve him with a subpoena, which shall be prepared by the party and issued under the seal of the Court. Forms of subpoenas will be found in the Appendix hereto, Nos. 63 and 64.

190. A subpoena may contain the names of any number of witnesses, or may be issued with the names of the witnesses in blank.

191. Service of the subpoena must be personal, and may be made by the party or his agent, and shall be proved by affidavit.

ORDERS FOR PAYMENT.

192. On application by a party to whom any sum has been found due, the judge may order payment to be made out of any money in Court applicable for the purpose.

If there is no such money in Court, or if it is insufficient, the judge may order that the party liable shall pay the sum found due, or the balance thereof, as the case may be, within such time as to the judge shall seem fit. The party to whom the sum is due may then obtain from the registry and serve upon the party liable an order for payment under seal of the Court. A form of order for payment will be found in the Appendix hereto, No. 65.

ATTACHMENTS.

193. If any person disobeys an order of the Court, or commits a contempt of Court, the judge may order him to be attached. A form of attachment will be found in the Appendix hereto, No. 66 (1).

194. The person attached shall, without delay be brought before the judge, and if he persists in his disobedience or contempt, the judge may order him to be committed. Forms of order for committal and of committal will be found in the Appendix hereto, Nos. 67 and 68.

The order for committal shall be executed by the marshal.

EXECUTION.

195. Any decree or order of the Court, made in the exercise of its Admiralty jurisdiction, may be enforced in the same manner as a decree or order made in the exercise of the ordinary civil jurisdiction of the Court may be enforced.

SEALS.

196. The seals to be used in the registry and district registries shall be such as the judge of the Exchequer Court may from time to time direct.

(1) See Wms. & Br. (ed. 1886), p. 498.

INSTRUMENTS, ETC.

197. Every warrant, release, commission, attachment, and other instrument to be executed by any officer of, or commissioner acting under authority of, the Court, shall be prepared in the registry and signed by the registrar, and shall be issued under the seal of the Court.

198. Every document issued under the seal of the Court shall bear date on the day of sealing and shall be deemed to be issued at the time of the sealing thereof.

199. Every document requiring to be served shall be served within twelve months from the date thereof, otherwise the service shall not be valid.

200 Every instrument to be executed by the marshal shall be left with the marshal by the party at whose instance it is issued, with written instructions for the execution thereof.

NOTICES FROM THE REGISTRY.

201. Any notice from the registry may be either left at, or sent by post, by registered letter, to the address for service of the party to whom notice is to be given; and the day next after the day on which the notice is so posted shall be considered as the day of service thereof, and the posting thereof as aforesaid shall be a sufficient service.

FILING.

202. Documents shall be filed by leaving the same in the registry, with a minute stating the nature of the document and the date of filing it. A form of minute on filing any document will be found in the Appendix hereto, No. 69.

203. Any number of documents in the same action may be filed with one and the same minute.

TIME

204. If the time for doing any act or taking any proceeding in an action expires on a Sunday, or on any other day on which the registry is closed, and by reason thereof such act or proceeding can not be done or taken on that day, it may be done or taken on the next day on which the registry is open.

205. Where, by these rules or by any order made under them, any act or proceeding is ordered or allowed to be done within or after the expiration of a time limited from or after any date or event, such time, if not limited by hours, shall not include the day of such date or of the happening of such event, but shall commence on the next following day.

206. The judge may, on the application of either party, enlarge or abridge the time prescribed by these rules or forms or by any order made under them for doing any act or taking any proceeding, upon such terms as to him shall seem fit, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time prescribed.

SITTINGS OF THE COURT.

207. The judge shall appoint proper and convenient times for sittings in court and in chambers, and may adjourn the proceedings from time to time and from place to place as to him shall seem fit.

REGISTRY AND REGISTRAR.

208. The registry shall be open to suitors during fixed hours to be appointed by the judge.

209. The registrar shall obey all the lawful directions of the judge. He shall in person, or by a deputy approved of by the judge, attend all sittings whether in court or in chambers, and shall take minutes of all the proceedings. He shall have the custody of all records of the Court. He shall not act as counsel or solicitor in the Court.

MARSHAL.

210. The marshal shall execute by himself or his officer all instruments issued from the Court which are addressed to him, and shall make returns thereof (1).

211. Whenever, by reason of distance or other sufficient cause, the marshal cannot conveniently execute any instru

(1) The Petrel, 3 Hag. 299