of the Exchequer Court or a judge of any superior court, an oath in the form following, that is to say: 'I, do solemnly and sincerely swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as local judge in Admiralty in and for the Admiralty district of (as the case may be). So help me God.' 54-55 V., c. 29, s. 7. 10. Every local judge in Admiralty shall, within the Powers of Admiralty district for which he is appointed, have and exercise local judges. the jurisdiction, and the powers and authority relating thereto, of the judge of the Exchequer Court in respect of the Admiralty jurisdiction of such court. 54-55 V., c. 29, s. 9. judges. 11. A local judge in Admiralty may, from time to time, Deputy with the approval of the Governor in Council, appoint a deputy judge; and such deputy judge shall have and exercise all such jurisdiction, powers and authority as are possessed by the local judge. 2. The appointment of a deputy judge shall not be deter- Tenure. mined by the occurrence of a vacancy in the office of the judge. office. 3. A local judge in Admiralty may, with the approval of Tenure of the Governor in Council, at any time revoke the appointment of a deputy judge. 54-55 V., c. 29, s. 10. 12. The Governor in Council may, from time to time Surrogate appoint, for any district or portion of a district, a surrogate judges. judge or judges; and any such surrogate judge shall have such jurisdiction, powers and authority, and be paid such fees, as are, from time to time, prescribed by general rules or orders. office. 2. A surrogate judge shall hold office during pleasure; and Tenure of his appointment shall not be determined by the occurrence of a vacancy in the office of the local judge of his district. 54-55 V., c. 29, s. 11. 13. Every deputy and surrogate judge shall, previously to Oath of entering on the duties of office, take, before the judge of the office. Exchequer Court, or the judge of any superior court, an oath similar in form to that to be taken by a local judge. 54-55 V., c. 29, s. 12. marshal and clerks. 14. The Governor in Council may from time to time Registrar, appoint for any district or for any registry division of any district a registrar, a marshal and such other officers and clerks as are necessary. 63-64 V., c. 45, s. 2. 15. Every person who, at the coming into force of the As to judges Colonial Courts of Admiralty Act, 1890, held in Canada the of Viceoffice of judge of a Vice-Admiralty court, shall, until his death, courts. 2351 Admiralty resignation As to officers of ViceAdmiralty courts. Registrar and marshal Court of 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 said Act, 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. 54-55 V., c. 29, s. 19. 16. Every person who, at the coming into force of the Colonial Courts of Admiralty Act, 1890, was a registrar, marshal or other officer of a Vice-Admiralty 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. 54-55 V., c. 29, s. 21. 17. The registrar and marshal of the Maritime Court of of Maritime Ontario holding office respectively on the second day of October, one thousand eight hundred and ninety-one, shall, during the pleasure of the Governor in Council, be the registrar and marshal, respectively, of the Toronto Admiralty district. 54-55 V., c. 29, s. 22. Where suits may be instituted. Suit pending PROCEDURE. 18. Any suit may be instituted in any registry when,— (b) the owner or owners of the ship or property, or the (c) the port of registry of the ship is within the district or division of such registry; or, (d) the parties so agree by a memorandum signed by them or their attorneys or agents. 2. When a suit has been instituted in any registry, no further suit shall be instituted in respect of the same matter in any other registry of the Court without the leave of the Judge of the Court, which leave may be granted subject to such terms as to costs and otherwise as he directs. c. 45, s. 3. 63-64 V., registries 19. When in any district there are more registries than one, When more all proceedings in any suit shall be carried on in the registry rent one in in which the suit is instituted, unless the judge shall otherwise a district. order. suit. 2. Any party to a suit may, at any stage of such suit by Removal of leave of the Court, and subject to such terms as to costs or otherwise as the Court directs, remove such suit pending in any registry to any other registry. 54-55 V., c. 29, s. 15; 63-64 V., c. 45, s. 4. 20. Any appeal from any final judgment, decree or order Appeal. of any local judge in Admiralty, may be made, (a) to the Exchequer Court; or, (b) subject to the provisions of the Exchequer Court Act regarding appeals, direct to the Supreme Court of Canada. tory appeal. 2. On security for costs being first given, and subject to such Interlocuprovisions as are prescribed by general rules and orders, an appeal, with the leave of the Judge of the Exchequer Court or of any local judge, may be made to the Exchequer Court from any interlocutory decree or order of such local judge. 54-55 V., c. 29, s. 14. 21. A scale of costs, charges and fees in Admiralty causes Fees, etc. shall be prescribed by general rules or orders. 54-55 V., c. 29, s. 16. Ontario. 22. In the province of Ontario, rem, when it (a) no right or remedy in rem given by this Act only shall Remedy in be enforced as against any subsequent bona fide purchaser it may be or mortgagee of a ship, unless the proceedings for the enforced. enforcement thereof are begun within ninety days from the time when such right or remedy accrued; prior (b) no right or remedy in rem given by this Act, except a right or remedy in rem for the wages of seamen and other persons employed on board a ship on any river, lake, canal Effect of or inland water, of which the whole or part is in the mortgage. province of Ontario shall be enforced as against any bona fide mortgagee under a mortgage duly executed and registered prior to the first day of October, one thousand eight hundred and seventy-eight. R.S., c. 137, s. 14; 54-55 V., c. 29, s. 23. CULES AND ORDERS. court. 23. Any rules or orders of court made by the Exchequer Rules of Court for regulating the procedure and practice therein, including fees and costs, in the exercise of the jurisdiction conferred 148 2353 by by the Colonial Courts of Admiralty Act, 1890, and this Act, which require the approval of His Majesty in Council, shall be submitted to the Governor in Council for his approval, and, if approved by him, shall be transmitted to His Majesty in Council for his approval. 54-55 V., c. 29, s. 25. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2354 CHAPTER 142. An Act respecting proceedings against the Crown by Petition of Right. 1. This Act may be cited as the Petition of Right Act. Short title. R.S., c. 136, s. 1. 2. In this Act, unless the context otherwise requires,- Definitions. 3. A petition of right may be addressed to His Majesty to Form of the effect of the form A in the schedule to this Act. R.S., petition. c. 136, s. 3. for Gover 4. The petition shall be left with the Secretary of State of To be left Canada, for submission to the Governor General, so that he nor's fiat. may consider it and, if he thinks fit, grant his fiat that right be done; and nothing shall be payable by the suppliant on leaving the petition. R.S., c. 136, s. 4; 4 E. VII., c. 27, s. 1. filed. 5. Upon the Governor General's fiat being obtained, the When and suppliant shall pay to the Secretary of State the sum of two how to be dollars, the amount of the court fee on filing the petition, and thereupon the Secretary of State shall cause the petition and fiat to be filed in the Exchequer Court of Canada, which Court shall have exclusive original cognizance of such petitions, and thereafter a copy of the petition and fiat shall be left at the office of the Attorney General of Canada, with an endorsement thereon to the effect of the form B in the schedule to this Act. R.S., c. 136, s. 5; 4 E. VII., c. 27, s. 2. ment of 6. There shall be no preliminary inquisition finding the Time of truth of the petition, or the right of the suppliant, but the filing statestatement in defence or demurrer, or both, shall be filed within defence. 1481 2355 four |