certificate of taxation or allocatur, or by reference to such ob- O. 65, r. 0. LXX, r. 27-Con. taxation by [Cf. R. 774, (O)]. (29) Any party who may be dissatisfied with the cer- Review of tificate or allocatur of the taxing officer, as to any item or Judge. part of an item which may have been objected to as aforesaid, may within fourteen days from the date of the certificate or allocatur, or such other time as the Court or a Judge, or taxing officer, at the time he signs his certificate or allocatur, may allow, apply to the Judge at Chambers for an order to review the taxation as to the same item or part of an item, and the Judge may thereupon make such order as the Judge may think just; but the certificate or allocatur of the taxing officer shall be final and conclusive as to all matters which shall not have been objected to in manner aforesaid. r. 27 (41), (E). O. 65. review of (30) Such application shall be heard and determined by the Evidence on Judge upon the evidence which shall have been brought in be- taxation by Judge. fore the taxing officer, and no further evidence shall be received [Cf. R. 776, (O)]. upon the hearing thereof, unless the Judge shall otherwise direct. O. 65, r. 27 (42), (E). to Counsel. (31) No retaining fee to counsel shall be allowed on taxa- Retaining fee tion as between party and party. O. 65, r. 27 (44), (E). (32) Whenever it shall happen that a Judge shall, by Allocatur where death reason of death, resignation, or otherwise, cease to hold his or resignation of Judge. office before granting any allocatur or certificate for costs to which any party may be entitled in any proceeding, any other Judge may, on application, grant such allocatur or certificate as fully and in all respects the same as such first mentioned Judge could have done if then holding office. C. S. 1903, c. 111, s. 387. (33) Subject to these Rules, costs shall be allowed and Table of Fees. taxed according to the table of fees in Appendix B. to these Rules. C. S. 1903, c. 111, s. 388. O. LXXI, rr. 1-7. 916 etc., in blank. ORDER LXXI. WRITS, OFFICE DOCUMENTS, ETC. Issue of writs, 1. The Registrar shall deliver blank writs, including originating summonses, signed and sealed, to the solicitors or attorneys of the Court, to be by them or any other solicitor or attorney filled up as occasion may require; they accounting to the said Registrar therefor, and forthwith forwarding to him præcipes for such of the said writs and summonses as they may from time to time issue. R. S. C. H. T. 1805; R. 2, S. C. H. T. 1810. 917 Sealed copies, etc., receiv able in evidence. 918 Enrolment of judgment or order unnecessary. 919 Indexes to 2. All copies, certificates, and other documents appearing to be sealed with the seal of the Court, shall, except where otherwise provided, be presumed to be authenticated copies or certificates or other documents issued by the Registrar, and may be received in evidence, and no signature or other formality, except the sealing with the seal of the Court, shall be required for the authentication of any such copy, certificate, or other document, except where otherwise provided. O. 61, r. 7, (E), am. 3. It shall not be necessary to enrol any judgment or order, whether dated before or since the commencement of the principal Act. O. 61, r. 8, (E); C. S. 1903, c. 112, s. 127. 4. Proper indexes or calendars to the files or bundles of files to be kept. all documents filed, shall be kept, so that the same may be conveniently referred to when required, and such indexes or calendars and documents shall, at all times during office hours, be accessible to the public on payment of the usual fee. 0. 61, r. 17, (E). 920 Entry of time of delivery of documents filed. 921 Date of judgment, etc., to be entered. 922 Date upon documents filed. 5. There shall also be entered in proper books kept for that purpose by the Registrar, the time of delivery of every document filed, and such books shall at all times during office hours be accessible to the public on payment of the usual fee. O. 61, r. 18, (E). 6. There shall also be entered in the cause-book, the date of every judgment, order and certificate made in every cause or matter. O. 61, r. 20, (E). 7. Upon every pleading or other proceeding which is filed in the Registrar's office the date of filing the same shall be printed or written. O. 61, r. 16, (E). 0. LXXI, rr. 8-14. 923 Certificate of proceedings in 8. For the purpose of enabling all persons to obtain precise information as to the state of any cause or matter, and to take the means of preventing improper delay in the progress Procesor thereof, the Registrar shall at the request of any person, matter. whether a party or not to the cause or matter inquired after, but on payment of the usual fee, give a certificate specifying therein the dates and general description of the several proceedings which have been taken in such cause or matter. O. 61, r. 24, (E). 924 Registrar's 9. The forms contained in the appendices shall be used in Forms in or for the purposes of the office of the Registrar, with such office. variations as circumstances may require. O. 61, r. 32, (E). 925 of record in trict Clerk. 10. The Registrar shall at the request of any party in Transmission writing and payment of the necessary postage or express action to Discharges, transmit to any District Clerk of the Court the Cf. R. 337, (0)]. record in any action together with all exhibits put in at the trial. 926 of documents to another. 11. Where pleadings or other documents filed with an Transmission officer of the Court, are required by or for use before any by one officer other officer the officer with whom the pleadings or other [Cf. R. 318, (O)], documents are filed, shall, upon the production of a request signed by the officer requiring the pleadings or other documents, that the same are required for some proceeding before him, transmit the pleadings or other documents upon payment of the postage or express charges required for their transmission and return. 927 be transmitted 12. Documents shall be transmitted by post or express, Documents to and not otherwise, and with the documents shall be trans- by post or mitted the necessary postage or express charges for the return (Cf. R. 339, (O)]. of the same. express. 928 documents. 13. As soon as the purpose for which any such documents Return of are required is completed, the officer to whom they have been (Cf. R. 340, (O)). sent shall re-transmit them to the office from which they were sent. 929 recognizance. 14. Except where otherwise provided whenever security Security by is to be given in any proceeding in the Court or before any Judge, the same may be by a recognizance payable to the Registrar in the form herebefore in use or in any other form, 0. LXXI, rr. 15-17. 930 Proceedings on breach of and subject to any condition that may be directed, which recognizance shall be for the benefit of any and all parties that may be aggrieved or injured by the breach of conditions thereof. Such recognizance may be entered into before any Judge, or before any person he may direct. C. S. 1903, c. 112, s. 296, am. 15. Upon breach of the condition of such recognizance recognizance. being alleged by any party aggrieved or injured thereby, such party may apply by petition or otherwise to the Court or a Judge for relief, who shall, on due notice of the application, upon hearing the parties, make such order as to the payment of the sum acknowledged to be due by such recognizance, or any part of such sum as may be right, to compensate the party injured or aggrieved by such breach, and make like orders from time to time until the whole amount of said recognizance is ordered to be paid; such orders to be subject to like appeals as any other orders or judgments made by the Court or a Judge, and shall be enforced in the same manner as any other order or judgment for the payment of money is enforced. C. S. 1903, c. 112, s. 297. 931 Change in office of to invalidate 16. All such recognizances shall be and remain valid and Registrar not capable of being enforced, notwithstanding a change in the recognizance. occupant of the office, or in the office of the Registrar of the Court, or that such office is vacant. C. S. 1903, c. 112, s. 298. 932 Security by bond of company. O. LXXII, r. J. 933 17. In lieu of, or in addition to, the recognizance mentioned in the preceding Rule 14, the security in said rule mentioned may, if authorized by the Court or Judge, be given, in whole or in part, by the bond or policy of guarantee of a duly qualified incorporated company, pursuant to the provisions of section 4 of Chapter 67 of the Consolidated Statutes, 1903. C. S. 1903, c. 112, s. 299. ORDER LXXII. NOTICES, PAPERS, ETC. Notices to be 1. All notices required by these Rules shall be in writing, [Cf. R. 316, (0)]. unless expressly authorized by the Court or a Judge to be in writing. given orally. O. 66, r. 1, (E). O. LXXII, rr. 2-5. 934 2. Every petition and other proceeding of a like nature shall be divided into numbered paragraphs, and shall state concisely such matters and facts as may be necessary to truly petition, etc. inform the Court. Form of (Cf. R. 318, (0); see Q. 34, r. 1, ante]. documents to in writing. 3. A party requiring a copy of any pleading, affidavit, copies of exhibit, or document not directed to be served, shall make a be demanded written application for the same to the solicitor of the party (R. 324, (01). by whom it has been filed, or on whose behalf it is to be used; and where the party has no solicitor, then to the party himself. 936 which copy demanded to 4. Where an application is made for a copy of any pleading, Time within affidavit, exhibit or document, it shall be delivered within of document forty-eight hours from the time of the demand; and any be furnished. further time which may elapse before the delivery is not to be computed against the party demanding the same. [R. 325, (O)]. 937 documents in another party. (O. 65, r. 27 (18), (E); R. 326, (O)]. 5. A party entitled under the Rules or a special order to, Copies of and requiring copies of or extracts from, any document in possession of possession of another party, shall pay to the party producing the document for such copy or extract as he may, by writing, require, at the rate of ten cents per folio; and if the solicitor of the party producing the document refuses or neglects to supply the copy or extract, the party requiring the same shall be at liberty to make it, and the party producing shall not be entitled to any fee in respect thereof. ORDER LXXIII. O. LXXIII, rr. 1. 2. 1. SERVICE OF ORDERS, ETC. 938 original order [Cf. R. 333, (O)]. Except in the case of an order for attachment, it shall Production of not be necessary to the regular service of an order that the on service. original order be shown unless sight thereof is demanded. O. 67, r. 1, (E), am. 939 service personal. 2. All writs, notices, pleadings, orders, summonses, warrants, Mode of and other documents, proceedings, and written communications where not in respect of which personal service is not requisite, shall be sufficiently served if left within the prescribed hours, at the address for service of the person to be served as defined by Orders III. and XII., with any person resident at or belonging to such place. O. 67, r. 2, (E). |