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judgment thereon execu'ed as nearly as may be in like manner as if this Act had not been passed :
(2). All proceedings p nding 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 ar d practice (including fees and costs) now in force in such court shall, until otherwise provided by general rule or order. he 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 sub-sections 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 [Ontario.
24. Nothing in sectious five to twenty-two of this Act, both inclusive, shall limit, lessen or impair the jurisdiction of the judge of the Exchequer Court in respect of the Admiralty jurisdiction of the court, or otherwise.
Rules of court.
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, whi’h require the approval of Her Majesty in Council, shall be subruitted to the Governor in Council for his approval, and, if approved by him, shall be transmitted to Her Majesty in Council for Her approval.
Commencement of Act.
26. This Act shall nct come into force until Her Vajesty's pleasure thereon has been signified by proclamation in the Canada Gazette.
OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
MARITIME COURT, ONTARIO.
GENERAL RULES (1889)
FORMS. TABLE OF FEES, &c.
OF OSGOODE HALL, BARRISTER-AT-LAW,
(Author of Surrogate Courts Practice, and Naturalization and
Nationality in Canada.)
OFFICIAL REPORTER, MARITIME COURT, TORONTO.
ROWSELL AND HUTCHISON.
ENTERED according to the Act of Parliament of Canada, in the year of our
Lord one thousand eight hundred and eighty-nine, by ALFRED HOWELL
ROWSELL AND HUTCHISON, PRINTERS, KING STREET EAST:
The new Rules, Forms, and Table of Fees for the Maritime Court, which came into operation 1st May 1889, supersede the Rules of 18789, and effect almost an entire change in the practice and procedure of the Court; a change which must meet with the approval of suitors, and of the legal profession generally, based as it is, to a large extent, upon the Vice Admiralty Courts Rules, 1883, and the Rules of the Supreme Court of Jurisdiction,
Indicature with such other modifications of the former practice as the eleven years, during which the Maritime Jurisdiction Act has been in operation, may have shown to be expedient.
The reported decisions upon the Act are, as yet, not numerous; but those that are reported, have been arranged alphabetically, with heads of subjects, and are inserted for purposes of reference. No attempt is made toward a general treatise on Admiralty or Maritime Law ; that would have been much beyond the scope of the present work; and only such parts of the Statutory Law have been introduced, as are more immediately connected with the Rules, and more frequently referred to in practice. Pleadings and other Forms in common use have been appended, and the whole has been carefully indexed.
The authors entertain the hope, that practitioners, by using the present compilation, will find their labours in this comparatively new field, very greatly facilitated.
TORONTO, July, 1889.