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Rules of Court-Surrogate Judges in Admiralty.

The Marquess of Ripon to the Earl of Aberdeen.
DOWNING STREET, 27th March, 1895.

MY LORD,-With reference to your despatch No. 10 of the 16th of January, I have the honour to transmit to you for communication to your government an Order of the Queen in Council sanctioning the establishment in the Exchequer Court of Canada in its admiralty jurisdiction of additional rules of court prescribing the jurisdiction, powers and authority of surrogate judges in admiralty.

Governor General,

I have, &c.,

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AT THE COURT AT WINDSOR, THE 8TH DAY OF MARCH, 1895.

Present:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

HEREAS there was this day read at the Board a memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated

the 2nd of March, 1895, in the words following, viz. :

"Whereas by an Act passed in the fifty-fourth year of Your Majesty's reign, entitled 'The Colonial Courts of Admiralty Act, 1890,' it was, amongst other things, provided that rules of court for regulating the procedure and practice (including fees and costs) in a court in a British possession in the exercise of the jurisdiction conferred by this Act, whether original or appellate, may be made by the same authority and in the same manner as rules touching the practice, procedure, fees and costs in the said court in the exercise of its ordinary civil jurisdiction respectively, are made, but that such rules of court shall not come into operation until they have been approved by Your Majesty in Council, but on coming into operation shall have full effect as if enacted in the said Act. And whereas by Your Majesty's Order in Council dated the fifteenth day of March, 1893, Your Majesty was graciously pleased to direct that the rules of court annexed thereto should be established and be in force in the Exchequer Court of Canada in its admiralty jurisdiction. And whereas it appears to us and to Your Majesty's Secretary of State for the Colonies to be expedient that the following additional rules of court, prescribing the jurisdiction, powers and authority of surrogate judges in adiniralty, having been duly prepared by the proper authority as required by the said Colonial Courts of Admiralty Act, 1890, and by the Admiralty Act, 1391 (Canada), should be established and be in force in the Exchequer Court of Canada in its admiralty jurisdiction. 1. Any surrogate judge shall have and exercise all such jurisdiction, powers and authority as are possessed by the local judge in admiralty of the Exchequer Court in all or any of the following matters:

"(1.) The amendment of writs of summons and the endorsement thereon. "(2.) Service of writs of summons including service out of the jurisdiction.

Current Coins of Bronze or Mixed Metal.

"(3.) The issue of warrants for the arrest of property.

"(4.) Bail, including the determination of the value of property arrested. "(5.) The release of property arrested.

"(6.) Applications for sale of property under arrest upon the ground that the property is deteriorating in value.

"(7.) To decree commission of sale under last mentioned rule.

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(8.) To administer an oath to a witness or party in a cause or proceeding.

"(9.) To order any party to an action to make discovery on oath of all documents which are in his possession or power relating to any matter in question therein.

"(10.) To direct, amend, or strike out interrogatories.

"(11.) To order the examination of a witness before trial.

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(12.) Costs of applications and orders heard or granted by the surrogate

Now, therefore, we beg leave to recommend that Your Majesty will be graciously pleased by your Order in Council to direct that the said additional rules shall be established and be in force in the Exchequer Court of Canada in its admiralty jurisdiction."

Her Majesty having taken the said memorial into consideration was pleased, by and with the advice of her Privy Council, to approve of what is therein proposed. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly.

Vide Canada Gazette, vol. XXVIII., p. 1941.

(Circular.)

C. L. PEEL.

DOWNING STREET, 1st June, 1895.

MY LORD,-I have the honour to transmit to you for your information and for publication in the colony under your government, the accompanying copy of a proclamation of the Queen in Council, ordaining that the coins of bronze or mixed metal with the new design therein described shall be current and lawful money of the United Kingdom of Great Britain and Ireland.

I have the honour to be,

Your Lordship's

Most obedient, humble servant,

The Officer administering the Government of Canada.

VICTORIA, R.

BY THE QUEEN.

A PROCLAMATION.

RIPON.

WHEREAS by an Act passed in the thirty-third year of Our Reign, intituled

"An Act to consolidate and amend the law relating to the 'Coinage and Her Majesty's Mint,'" it is amongst other things enacted:

VOL. I-B

Current Coins of Bronze or Mixed Metal.

That We, by and with the advice of Our Privy Council, shall from time to time by Proclamation determine the design of any coin:

We have, therefore, thought fit to order that the coins of bronze or mixed Metal made at Our Mint, which are mentioned in the first schedule to the aforesaid Act, of the weight specified in that schedule, shall bear designs as follows:

That every Penny should have for the obverse impression Our Effigy, with the inscription "Victoria Dei Gra. Britt. Regina Fid. Def., Ind. Imp.," and for the reverse impression the figure of Britannia seated upon a rock in the sea, her right hand holding a shield which rests against the rock, while in her left hand she grasps a trident, and the inscription "One Penny," with the date of the year and a plain edge; and that every Halfpenny should have the same obverse impression and inscription, and for the reverse the figure of Britannia seated as described for the penny, and the inscription "Halfpenny," with the date of the year and a plain edge; and that every Farthing should have the same obverse impression and inscription, and for the reverse the figure of Britannia seated as described for the penny, and the inscription" Farthing," with the date of the year and a plain edge.

And whereas pieces of money of the above descriptions respectively have been coined at Our Mint, and will be coined there, in pursuance of orders which We have given for that purpose, We have, therefore, by and with the advice of Our Privy Council, thought fit to issue this Our Royal Proclamation, and We do hereby ordain, declare, and command that the said pieces of money respectively so coined, and to be coined as aforesaid, shall be current and lawful money of the United Kingdom of Great Britain and Ireland, and that this Our Royal Proclamation shall come into operation on the date hereof.

Given at Our court at Windsor, this eleventh day of May, in the year of Our Lord one thousand eight hundred and ninety-five, and in the fifty-eighth year of Our Reign.

God save the Queen.

Vide Canada Gazette, vol. XXVIII., p. 2310.

OF THE

GOVERNOR GENERAL IN COUNCIL

HAVING FORCE OF LAW

OTTAWA

PRINTED BY SAMUEL EDWARD DAWSON

LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY

ANNO DOMINI 1895

VOL. I-B

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