No attach ment of body for debt. Application 78. No attachment as for contempt shall issue for the nonpayment of money only. 50-51 V., c. 16, s. 46. 79. Any moneys or costs awarded to the Crown shall be and payment paid to the Minister of Finance, and he shall pay, out of any of moneys. Fees payable by stamps. Reasons for judgments unappropriated moneys forming part of the Consolidated Revenue Fund of Canada, any moneys or costs awarded to any person against the Crown. 50-51 V., c. 16, s. 47. 80. All fees payable to the Registrar under the provisions of this Act shall be paid by means of stamps, which shall be issued for that purpose by the Minister of Inland Revenue, who shall regulate the sale thereof; and the proceeds of the sale of such stamps shall be paid into the Consolidated Revenue Fund of Canada. 50-51 V., c. 16, s. 48. 81. The Judge of the Court shall file with the Registrar a to be filed. copy of the reason, if any, given by him for any judgment pronounced by him. 50-51 V., c. 16, s. 49. Appeal. Deposit. Setting down appeals. Notice. What the notice may contain. When judgment shall be APPEALS. 82. Any party to any action, suit, cause, matter or other judicial proceeding, in which the actual amount in controversy exceeds five hundred dollars, who is dissatisfied with any final judgment, or with any judgment upon any demurrer or point of law raised by the pleadings, given therein by the Exchequer Court, in virtue of any jurisdiction now or hereafter, in any manner, vested in the Court and who is desirous of appealing against such judgment, may, within thirty days from the day on which such judgment has been given, or within such further time as the Judge of such Court allows, deposit with the Registrar of the Supreme Court the sum of fifty dollars by way of security for costs. 2. The Registrar shall thereupon set the appeal down for hearing by the Supreme Court at the nearest convenient time according to the rules in that behalf of the Supreme Court, and the party appealing shall within ten days after the said appeal has been so set down as aforesaid, or within such other time as the Court or a judge thereof shall allow, give to the parties affected by the appeal, or their respective attorneys or solicitors, by whom such parties were represented before the Exchequer Court, a notice in writing that the case has been so set down to be heard in appeal as aforesaid, and the said appeal shall thereupon be heard and determined by the Supreme Court. 3. In such notice the said party so appealing may, if he so desires, limit the subject of the appeal to any special defined question or questions. 4. A judgment shall be considered final for the purpose of this section if it determines the rights of the parties, except deemed final. as to the amount of the damages or the amount of liability. 53 V., c. 35, s. 1; 2 E. VII., c. 8, s. 2; 6 E. VII., c. 11, 2346 S. 1. 83. when the 83. No appeal shall lie from any judgment of the Exchequer No appeal Court in any action, suit, cause, matter or other judicial amount does proceeding, wherein the actual amount in controversy does not not exceed exceed the sum or value of five hundred dollars, unless such appeal is allowed by a judge of the Supreme Court, and such Exceptions. action, suit, cause, matter or other judicial proceeding, $500. (a) involves the question of the validity of an Act of the Validity of of the councils or legislative bodies of any of the territories etc. (b) relates to any fee of office, duty, rent, revenue or any Fee of office, sum of money payable to His Majesty, or to any title to lands, tenements or annual rents, or to any question affecting any patent of invention, copyright, trade mark or industrial design, or to any matter or thing where rights in future might be bound. 50-51 V., c. 16, s. 52; 54-55 V., c. 26, s. 8. 84. Notwithstanding anything in this Act contained, an Appeal on appeal shall lie on behalf of the Crown from any final judgment behalf of the given by the Court in any action, suit, cause, matter or other amount does judicial proceeding wherein the Crown is a party, in which the $500. actual amount in controversy does not exceed five hundred dollars; if, not exceed (a) such final judgment or the principle affirmed thereby Affects other affects or is likely to affect any case or class of cases then cases. pending or likely to be instituted wherein the aggregate amount claimed or to be claimed exceeds or will probably exceed five hundred dollars; or, interest. (b) in the opinion of the Attorney General of Canada, certi- Public fied in writing, the principle affirmed by the decision is of general public importance; and, (c) such appeal is allowed by a judge of the Supreme Court. Allowed by 2. In case of such appeal being allowed by a judge of the judge of Supreme Court, he may impose such terms as to costs and other- Court. wise as he thinks the justice of the case requires. 2 E. VII., Costs. c. 8, s. 4. Supreme 85. If the appeal is by or on behalf of the Crown no deposit Crown not shall be necessary, but the person acting for the Crown shall make deobliged to file with the Registrar of the Supreme Court a notice stating posit. that the Crown is dissatisfied with such decision, and intends to appeal against the same, and thereupon the like proceedings shall be had as if such notice were a deposit by way of security for costs. 50-51 V., c. 16, s. 53. in list. 86. Every appeal from the Exchequer Court set down for Registrar to hearing before the Supreme Court shall be entered by the enter case Registrar on the list for the province in which the action, matter or proceeding, the subject of the appeal, was tried or 2347 heard Rules and orders may be made. Extent and effect thereof. Copies for May be repealed by Parliament. heard by the Exchequer Court; or if such action, matter or proceeding was partly heard or tried in one province and partly in another, then on such list as the Registrar thinks most convenient for the parties to the appeal., 54-55 V., c. 26, s. 9. RULES AND ORDERS. 87. The Judge of the Exchequer Court may, from time to time, make general rules and orders, (a) for regulating the procedure of and in the Exchequer (e) for awarding and regulating costs in such Court in 88. Such rules and orders may extend to any matter of procedure or otherwise, not provided for by any Act, but for which it is found necessary to provide in order to ensure their proper working and the better attainment of the objects thereof. 2. Copies of all such rules and orders shall be laid before both Houses of Parliament within ten days after the opening of the session next after the making thereof. 3. All such rules and orders and every portion of the same not inconsistent with the express provisions of any Act shall have and continue to have force and effect as if herein enacted, unless during such session an address of either the Senate or House of Commons shall be passed for the repeal of the same or of any portion thereof, in which case the same or such portion shall be and become repealed: Provided that the Governor in Council may, by proclamation, published in the Canada Gazette, or either House of Parliament may, by any resolution passed at any time within thirty days after such rules and orders have been laid before Parliament, suspend any rule or order made under this Act; and such rule or order shall, thereupon, cease to have force and effect until the end of the then next session of Parliament. 50-51 V., c. 16, s. 56; 52 V.. c. 38, s. 2. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2348 CHAPTER 141. An Act to provide for the exercise of Admiralty NOTE. This consolidation of the Admiralty Act, 1891, and amending Acts was duly approved by His Majesty, pursuant to section 4 of the Colonial Courts of Admiralty Act, 1890, (Imperial). SHORT TITLE. 1. This Act may be cited as the Admiralty Act.. 54-55 V., Short title. c. 29, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, the Definitions. Exchequer Court' or 'the Court' means the Exchequer Court of Canada. 54-55 V., c. 29, s. 2. JURISDICTION. of Ex 3. The Exchequer Court is and shall be, within Canada, a Jurisdiction Colonial Court of Admiralty, and, as a Court of Admiralty, chequer shall, within Canada, have and exercise all the jurisdiction, Court. powers and authority conferred by the Colonial Courts of Admiralty Act, 1890, and by this Act. 54-55 V., c. 29, s. 3. Canada. 4. Such jurisdiction, powers and authority shall be exercis- Throughout able and exercised by the Exchequer Court throughout Canada, and the waters thereof, whether tidal or non-tidal, or naturally navigable or artificially made so, and all persons shall, as well in such parts of Canada as have heretofore been beyond the reach of the process of any Vice-Admiralty court as elsewhere therein, have all rights and remedies in all matters, including cases of contract and tort and proceedings in rem and in personam, arising out of or connected with navigation, shipping, Under trade or commerce, which may be had or enforced in any Cal Colonial Court of Admiralty under the Colonial Courts of Courts of Admiralty Act, 1890. 54-55 V., c. 29, s. 4. Admiralty not im 5. Nothing herein contained shall limit, lessen or impair the Jurisdiction jurisdiction of the Judge of the Exchequer Court in respect of paired. the Admiralty jurisdiction of the Court or otherwise. 54-55 V., c. 29, s. 24. 1 Governor in Council may constitute Admiralty districts. Under a special name. With limits. And Admiralty registries. And divide the territory of a district into two or more registries. Provisional districts and ADMIRALTY DISTRICTS AND REGISTRIES. 6. The Governor in Council may from time to time,— (b) assign a name to any such district and change such (c) fix and change the limits of any such district; (d) establish at some place within any Admiralty district a registry of the Exchequer Court on its Admiralty side; and, (e) divide the territory comprised in any Admiralty district into two or more registry divisions, and establish a registry of the Exchequer Court on its Admiralty side at some place in each of such divisions. 63-64 V., c. 45, s. 1. 7. Until otherwise provided by the Governor in Council, registries. the following provinces shall each constitute an Admiralty district for the purposes of this Act, and a registry of the Exchequer Court on its Admiralty side shall be established and maintained within such districts at the places following, that is to say: Local judges in Admiralty. Tenure. How designated. Oath of office. (a) The province of Ontario, under the name of 'The Toronto Admiralty District,' with a registry at the city of Toronto; (b) The province of Quebec, with a registry at the city of Quebec; (c) The province of Nova Scotia, with a registry at the city of Halifax; (d) The province of New Brunswick, with a registry at the city of St. John; (e) The province of British Columbia, with a registry at the city of Victoria; (f) The province of Prince Edward Island, with a registry at the city of Charlottetown. 54-55 V., c. 29, ss. 17 and 18. LOCAL JUDGES AND OFFICERS. 8. The Governor in Council may, from time to time, appoint any judge of a superior or county court, or any barrister of not less than seven years' standing, to be a local judge in Admiralty of the Exchequer Court in and for any Admiralty district. 2. Every such local judge shall hold office during good behaviour, but shall be removable by the Governor General, on address of the Senate and House of Commons. 3. Such judge shall be designated a local judge in Admiralty of the Exchequer Court. 54-55 V., c. 29, s. 6. 9. Every such local judge in Admiralty shall, previously to his entering on the duties of his office, take, before the judge 2350 of |