m
IMAGE EVALUATION
TEST TARGET (MT-3)
z
%
1.0
|50 ""'^=
2.5
2.0
I.I
— , WUu
Lis illlU 11.6
6"
t'notograpmc
Sciences
Corporation
4%
iV
\\
^''^
^\^
23 WEST MAIN STREET
WEBSTER, NY. 14580
(716) 87i2-4503
^^
r\F
<?
.<y^?^
w
^
Q.
CIHM/:CMH
Microfiche
Series.
CIHM/ICIVIH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques
Technical and Bibliographic Notas/Notas tachniquas at bibliographiquaa
The Institute has attempted to obtain tha best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may altar any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.
D
Coloured covers/
Couverture de couleur
I I Covers damaged/
Couverture endommagie
□ Covers restored and/or laminated/
Couvertura restaur^ et/ou peilicul^e
□ Cover title missing/
Le titre de couverture manque
□ Coloured maps/
Cartes giographiquas an couleur
□ Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
□ Coloured plates and/or illustrations/
Ptanchea et/ou illuatratinn* an «niii«.
Ptanchea et/ou illustrationa en couleur
Bound with other material/
Relii avec d'autras documents
D
D
D
Tight binding may cause shadows or distortion
along interior margin/
La re liure serrie peut causer de !'ombre ou de la
distorsion la long de la marge int^rieuro
Blank leaves added during restoration may
appoar within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajout«es
lore d'une restauration apparaissent dans ie texte,
mais, lorsqua cela «tait possible, cea pages n'ont
paa iti filmies.
Additional comments:/
Ccmmentaires supplimentaires;
L'Institut a microfilm* la meilleur exempiaire
qu'll lui a at* possible de se procurer. ,'.es details
de cet exempiaire qui sont peut-*tre uniques du
pomt oe vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la m*thode normale de filmage
sont indiqu*s ci-dessous.
j I Coloured pages/
Pages de couleur
Pages damaged/
Pages endommag*es
□ Pages restored and/or laminated/
Pages restaur*es et/ou pellicul*es
|77| Pagea discoloured, stained or foxed/
I — ! Pages d*color*es, tachet*as ou piqu*es
n Pages detached/
Pages d*tach*es
HShowthrough/
Transparence
□ Quality of print varies/
Qualit* in*gale de I'impression
I I Includes supplementary material/
I — I Comprend du material supplementaire
□ Only edition available/
Seule Edition disponible
□ Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Lea pages totalement ou partieilement
obscurcies par un feuillet d'errata, une pelure,
etc., ont *t* film*es * nouveau de fapon d
obtenir la meilleure image possible.
This item is filmed at the reduction ratio checked below/
Ce document est film* au taux de r*duction indiqu* ci-dessous.
^°^ 14X 18X 22X
26X
SOX
v/
12X
16X
20X
24X
28X
1
32X
The copy filmed here has been reproduced thanks
to the generosity of:
Douglas Library
Queen's University
The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.
Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or Illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.
The last recorded frame on each microfiche
shall contain the symbol —^-(meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.
Maps, plates, charts, etc.. may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left tn
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:
L'exemplaire film* fut reproduit grAce i la
g«n«rosit« de:
Douglas Library
Queen's University
Les images suivantes ont 4t6 reproduites avec le
plus grand soin. compte tenu de la condition et
de la nettet6 de l'exemplaire film*, et en
conformity avec les conditions du contrat de
filmage.
Les exemplaires originaux dont la couverture en
papier est imprim«e sent film«s en commen9ant
par le premier plat et en terminant soit par la
dernlAre page qui comporte une empreinte
d'impression ou d'illustration. soit par le second
plat, selon le cas. Tous les autres exempidires
originaux sont fiimis en commen^ant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.
Un des symboles suivants apparaitra sur la
dernidre image de cheque microfiche, selcn le
cas: le symbole -h^ signifie "A SUIVRE ". le
symbols V signifie "FIN".
Les cartes, planches, tableaux, etc., peuvent dtre
fiimds d des taux de reduction diffdrents.
Lorsque le document est trop grand pour dtre
reproduit en un seul clich6. il est filmd d partir
de I'angle sup6rieur gauche, de gauche d droits,
et de haut en bas. en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
illustrent la m6thode.
1
2
3
1
6
\'^ySfA:& GENERAL RULES AND ORDERS
c
OP THE
COURT OF QUEEN'S BENCH
IMI^^ISriTOB..^ -
WITH TABLES OF COSTS FOR ALL PROCEEDINGS
IN THE SAME;
ALSO RULES FOR THE COUNTY COURT AND TARIFF
FEES IN THE SAME.
MAD£ Till!; loth DAY OF FEBRUARY, 1875.
PKINTK0 AT "THE STANDARD" PBmTINO AND PUBUSHING COMPy's OFPICa
1875.
GENERAL RULES
OF THE
COIJET 01^ QUEEN'S BENCH,
MANITOBA.
1. In all actions the rules of practice and procedure of the
Superior Courts of Law at Westminster in England shall, except as
necessarily modified or changed by the different conditions and circum-
stances of this Province, and by Acts of the Legislature, and by rules
trom tuTie to time made by the judges here, be the rules of practice
and procedure of the Court of Queen's Bench of Manitoba.
2. An action may be commenced as well by a Writ of Capias
where that is allowable, as by Writ of Summons ; and where it is com-
menced by the tbrmer writ, no Writ of Summons need issue.
3. If a Writ of Summons might have been specially endorsed
and it should not be, and by consequence, an appearance is entered for
the detendaiit by the plaintiff, as, where it is necessary, on default of
appearance by the defendant, the plaintif}*, in order to brino- the
defendant into court, has a right to do in cases of writs not specially
endorsed, the plaintiff shall be allowed only such costs of the declara-
tion and particulars and the service tliereof, as he would have been
entitled to, had the writ been specially endorsed.
4. In actions of ejectment the notice may contain any number of
modes in which title is set up; but the opposite party may apply to a
judge or the court to strike out any mode upon the ground ot embar-
rassment or delay ; and at the trial the claimant shall be confined to
proof of the title set up in the notice, but shall not be required to set
out in such notice the date or particular contents of any letters patent
deed, will, or other instrument or writing which shows or supports his
title, or the date of any marriage or death unless he be directed so to do
by order of a judge or the court. And where no appearance is entered
to a writ of ejectment, and tlie writ has been personally served on a
party in adverse possession, or where the claimant has obtained -
limiiij'V
judi^e'.s order dirocting judgment to be signed for the recovery of the
possession of tlie laud oi- a ])()rti()n of it in the writ mentioned and for
costs, such chiiuiaiit uiay enter judgment for tlie possession of the laud
aforesaid, au<l his costs so taxed against the person who so holds adverse
possession and nynm whoui the writ was served as aforesaid, upon filing
the writ with the affidavit of service thereof, and the said judge's order,
if any be made; and the judgment roll shall be in the ordinary form,
exce])t there shall be added to it — " And do also recover against (C. D.)
the defendant for costs of this action, etc."
5. The })laintilf may join cognate causes of action in the same
action and may declare by one or more counts, and the defendaut may
plead one or more ])leas to each count, and tht; plaintiff may reply with
one or more rejjlications to each plea ; but it shall be competent for
either }>arty to apply to a judge or the court to strike out any ])l('ading
calculated to embarrass or delay the ])roceedings ; and in actions on pro-
missory notes and bills of exchange, or in actions to recover a money
demand rendered certain by any instrument in writing under the
signature of the defendant, or in matters of mere account . where the
the same is li(iuidated by the course of dealing or the act of the parties
or of the defendant, and the writ has been specially endorsed or full
particulars have been served along with the declaration, and the
defendant shall in his jdeas set up a defence not true in fact, ]jut merely
for the purpose of embarrassment or delay, it shall be com])etent for a
judge or the court on application to order that such plea or pleas
shall be struck out, and if it shall be just so to do, to order that judg-
ment be forthwith entered for the plaintiff on such terms, as to costs
and otherwise as shall appear just.
6. It shall not be necessary in any proceedings to make a judge's
order for the payment of costs a rule of court ; but writs of execution
may be issued in pursuance of the order in the ^ame manner, and shall
have the same force and effect, as if the same had been issued in pur-
suance of a rule of court.
7. No Issue Book need be delivered in the proceedings in any
action ; but a Nisi Prius Record shall be made up by the plaintiff and
passed in the Master's office, and whether issues are to be tried or
damages assessed, with or without the intervention of a jury or by the
judge, it shall not be necessary to put on the Record any other venire
than the following, that is to say : — " Therefore, &lg."
8. When issues in fact have been tried, or damages assessed or
enquired of before a judge without the intervention of a jury, the
postea endorsed on the Nisi Prius Record may be to the efi'ect or in
the words following : —
w
" Aftei\vai-(ls. on the
(lay of
-^ - in the year of our Lord
l^' — . ^t tlie sittings of Assize and Nisi Prius, in and for the Province
of Manitoba, at Winnipeg-, tiie lionoralth- (<is ihc rase nidij be), before
whom tlie said issues or issue (as ilie vase ntdf/ he) were ()r was tried,
or the said (lai)iages were eiKjuii-ed of (if if he oiil// <ni ((ssessrnetit of
(/((omn/es) witliout a Juiy, found all the said issues (or a.s' the caw may
he) for the plaintiff or for the <lcf(Mi(lant ((/s the case may he), (or) found
the first, second. .Vc., issues for the i)laintitt; and the fourth and fifth
issues for the defeiidauf (^/s is i],c (^f/^/r// y/;/j;>/r/), and assessed the
damages of the ])Iaintiff at over and "above 'his costs {or if the
juthje has foumi a hahnice due (o fhe defeiaJant, on a plea of set-off or
otherwise after stidlmj the issue or issues f omul for the deferulai drafter
the word '(Jairmjics' say) of the defendant ac -^ over and above
his costs (or if if Ije oidy au asscssna'iif of daiixir/es leave out all ahout
the issues aud say) assessed tlie said daniages of the plaintiff at
u r
Thei-efore, etc."
9. No pi'oceeding sliall be defeated by any formal objection, but it
shall ^ be in the discretion of a judge or .the court in all matters of
practice and procedure to order all necessary amendments with or
without costs, to tlie end that in all tilings substantial justice may be
done.
10. From and after the tenth day of February, 1875, the Table of
Costs following, sliall be that according to which all costs in civil actions
in the Coui-t of "Queen's Bench" on the Cononon Law side shall be
allowed and taxed, and no otJiei- fees, costs or charges than herein set
down shall be allowed in respect of the matters thereVjy provided for,
either upon taxation between iVttorney and Client, or between Party
and Party. T]m scale marked " Inferior Scale " shall be allowed when
in ejectment, and in replevin the value of the property does not
exceed S::'2()(), and in rej^levin is above $40, and in all personal
actions (except whei-e the title to land, or the validity of any
devise, bequest or limitation under any will or settlement is
dis])uted, or in actions for libel, or slander, or criminal conver-
sation) wliere the debt or damages claimed or recovered exceed S4() in
the case oHorts or actions ex delicto, and $100 in actions ex contractu
^yhere the demand or amount is not liquidated or ascertained by the
signature of the (l(>fendant or by the act of the parties, do not exceed
.S2C0,and in actions relating to debt, covenant and contract, wherein
the demand is liquidated or ascertained by the signature of the de-
fendant or by the act of the jiai-ties and in w^hich the recovery is above
$100 and does not exceed $400 ; and in all other cases the scale marked
" Superior Scale " shall be allowed, and the amount of the verdict or real
amount recovered shall be conclusive as to the scale of costs to be
allowed, except a judge shall otherwise certify or order.
6
m
TABLE OF COSTS.
Goneral allowance for FlaiiitirtH and Defondanis, as well between
Attorney and Client a.s l)etween Party and Party, ai)proved })y Rule of
Court, dated lOth day of February, 1H7").
TO THE ATTORNEY.
Instructions to the Attorney : —
Superior Scale. Infe'r Scale.
" c, I c.
Taking inatvuctions to Sue or Defend, except in Ejectment, 3 00 2 00
In Ejectment 4 00 3 qo
Letter to eacli defendant before action including attendance
to post 50 25
WRITS.
Summons including attendance ...
Concurrent Summons
Renewed Summons
Capias
Concurrent Capias ...
Renewed Cajnas
Capias ad Satisfaciendum ... ... . . . , * , .
Renewed Capias ad Satisfticiendum
Capias ad Satisfaciendum for the Residue
Renewed " '' << <«
Fieri Facias. , .
' • • • «.• • . • ... . .
Renewed Fieri Facias
Concurrent Fieri Facias
Fieri Facias for the Residue
Renewed " "
Habere Facias Possessionem
Special endorsement of demand on Wnt of Summons
Writ of Revivor ...
Ejectment (Summons in)
Subptena ad Testificandum
Subpoena Duces Tecum
(and if above four folios, additional, per folio 12 cents)
Attachment against Goods of absconding debtor
Attachment against Garnishee
Habeas Corpus obtained by Plaintiff, including allowance
thereof . .
Procedendo ....
Venditioni Exponas
Supersedeas. ...
Mandamus
Injunction
Commission to examine witnesses
NOTK—The above allowances include all charges for attendant for the
writ and delivering it to the officer. «'<.<.<^«««/m-« jur tne
2 00
1 00
1 50
1 00
1 50
1 00
2 00
1 50
1 50
1 00
1 50
1 00
2 00
1 00
1 50
1 00
2 00
1 00
1 50
1 00
2 00
1 00
1 50
1 00
1 50
1 00
2 00
1 00
1 50
1 00
2 00
1 50
1 00
75
2 00
1 00
2 00
1 50
1 00
75
1 25
75
2 00
1 00
2 00
1 00
2 00
2 00
1 00
2 00
1 00
1 25
1 00
2 00
1 00
2 00
1 00
2 00
1 00
hot ween
Rule of
Info'r Scale.
$ c.
2 00
3 00
26
1 00
1 00
1 00
50
00
00
00
00
00
00
00
00
00
00
00
50
75
00
50
75
75
1
00
1
00
1 00
1 00
1 00
I 00
1 00
1 00
7
COPY AND SERVICE OF WUIT8 OF SUMMONS AND OTIIKR PR(.(;i.;SS.
Superior Scale. InfeV Scale.
For each copy, including copies of all Notices roquiml to he ^' ^ ""'
endorsed 1 no n rn
Service of each copy of Writ, if "not done "hvVheSh.'riif; or '
an ofhcer employe.l hy him, when taxable to the Attorney 50 50
Mileugo per mile, for the .iJHtance actually and necessarily
travelled, when taxable to the Attorney, one way 10 10
INSTRUCTIONS FOR PLEADING, ETC.
For Special aflldavits when allowed by the Master, and in-
structing Counsel upon special matters 1 OO (, kq
Instruction to Counsel in common matters ... n 50 95
Instructions for Pleading's in action inn i n'o
Do. for every Suj^gestion j qO q ^^
Do. for issue of fact by consent i sq q 75
Bo. for .Siicrj^'estion to revive, or for action of Re'-
vi\-or, when no rule necessaiy j qq 50
Do. fcr rule foi- Writ of Revivor, when necessary 1 50 50
Do. to defend executor, after suggestion of death of
oiiginal defendant ^ qq q kq
Do. for agreement of damages .'..'..' 1 00 50
Do. for confession of action in Ejectment, as to the
whole or in j)art ^ qq q ^q
Do. to strike oi- reduce a Special Jury .... . . " . . ,' 2 00 1 00
DRAWING PLEADINGS, ETC.
Declaration o „ _
If above ten folios, for every Mid above ten^ in add'ition. ." .* 20 on
One or more Pleas, if five folios or under o oo 1 00
If above five folios, for every folio in addition .....'.'."■.'■' Q '>0 '^O
Joinder of Issue, inclusive of copies and engrossing ... 050 09^
Demurrer ^ *' * " " ^Jr ^ ^^
Joinder of Demurrer, inclusive of copies and engrossing '.'.'. 50 95
Marginal statement of matters of Law for argument ex-
elusive of copies for the Judges ' j qq ^v ^^
Replications, new assignment and other Pleadings,' the same
as the foregoing charges for Pleas.
Postea, including engrossing -, ^r. n 5rt'
Judgment, whether by default or final .].".". i qo 5n
Authority to receive monevs out of Court n 50 95
Suggestions Pleas to Suggestions, and subsequent JPleadings
of three folios or under, inclusive of engrossment. .... 80 50'
If above three folios for every folio, drawing and engrossing 20 20
Issue for^the tnal of facts, by agreement, for ever/folio . " 20 OQ
Special Case, per folio 20 20
H
Supurior 8cale.
Mnivvmrf inf«.i'r((o,it()il»'H or luiswors for uiiy j)iii'))ose rnfpiired
h\ Ijhw, iiicliidiiij,' ('iij,'roH.siii;,', pvi- folio 20
AjL,'reiMneiit of Diiiiiii^^i's mid c;o|»y, if five folios, or \uu\vr . . 1 00
Al)ov(j five folios, for ovcjiy folio, dniwiiii,' mid <'ii^rossiii<;. . 20
Spcctiiil purtieiiliirs of denimid or set off, per folio 20
Sliort. ditto 50
liill of Costs, mid copy for taxiitioii 1 00
'^akillJ^' Ooii,'iiovit and entering' .hid;,'incut tlicreon, when
tlicro Inn hceii no provious proceed in-,', iuid the true del)t
does not (exceed .iiioOO 12 ()()
For the Miinie services, wlioii the true deht exceeds $1,000. . 15 00
Driiwini,' mid oiij/rossin*,' Cojunovit and attending execution,
where tliei-e have been previous pi'oce('diii;,'s 2 00
Replication, acce[»tin«i; money out of Court, in full of de-
"liuid 1 00
Every necessary letter on tlie business of the cause, includ-
ing attendance to post but not postii ge 50
COPfES.
Declaration when not exceeding ten folios each 1 00
Do. above ten foli(/s, [»er folio each 12
Other pleadings before enunierateil, above five folios, i)er
folio al)ove five 12
All Proceedings, Interrogatories, Ansvvers and other ])apers,
of which copies are to be delivered, i)er folio 12
Judgment Roll for non-appearance on Specially indorsed
Writs, or Writs of Revivor and in Ejectment, to be taken
as nine folios including the Writ 1 80
Of Special and Common Rules 1 00
OP Special Rule, above three folios, per folio additional 20
Of Summons or Order of a Judge 50
Of Order to charge a prisoner in execution 70
NOTE.— Issue Book In done away with, and no allowance to be made for ii.
NOTICES, INCLUDING COPY.
To declare, \)\ead, reply, and subsequent pleadings... ... 50
By Defendant to bring issue to trial ... .. ... 50
To Executor or Administrator of sole Defendant deceased
to appear to writ and suggestion ... ... ... 50
Of a})pearance, when appearance duly entered, and notice
given on the day of appearance, but not otherwise ... 50
Of a])pearance to Writ or Revivor ... . . . 050
To Plead 50
Of Declaration, vvhen necessary 50
Of objection for mis-joinder, or nonjoinder of Plaintiff. ... 050
To Sheriff to discharge a prisoner out of custody 50
Notice of Ejectment to defend for part of premises 1 00
\
Infu'r Scale.
1
c.
20
50
20
20
25
50
9 00
75
«
50
35
1
75
12
12
12
75
50
25
25
50
25
25
25
25
25
25
25
25
25
50
9
20
50
20
20
25
50
9 00
75
50
35
75
12
12
12
75
50
25
25
50
25
25
25
25
25
25
25
25
25
50
Hup«ii(ir Hi-alp.
Tf iihovn Uin!o folios, for every folio additional , . . *'0
Notice of claiiniiiit'H or dcft.n.iuiit'H title in Kjwtinont! the
wirne fees.
Notice of i.dniinsiou of right and den=,r. of ouHter by n Joint
reimnt, ito _ jj f,^
If above tliretf folios, for cvtny folio 'o()
Of diHcoiitinuanee by cininiaii't in Ejectment...."!!!!.! 50
Of <;onfeH,sion of action of Ejectniont," m to whole or' "in "part 50
Of trial or aHseHiiment q ^q
Denian.l of residence of Plaintiff a"n"(i" "all "other" co'i'nn'.on
notice.s „ ^
r,^ , .. , .„ 50
1 o admit or i)roduce, if not exceeding two folio.s 50
For each folio above two ! ! ! ! q on
ATTENDANCES.
Attendance at Judge's Chambers ] qq
Attendance to file or serve ... ... _ * '" *() rn
Atteiulance to give or receive undertaking to appear when
service of i)rocess acce|)ted l)y an attorney . . i oq
A) • jrney actending (Joint of A.ssize, when not himself Coun-
sel or Partner of Conncil
Attendii nee on Master in special matters
For every hour after the ^rst
Taxation of costs per Jig iir
All other necessary attendances
BRIEFS.
For drawing Brief not exceeding five folios
Do. per folio additional of original and necessar!v
matter
Copies of documents, other than Pleadings, when required
per folio .....
TERM FEES AND OTHER FEES.
Copy of brief for second Counsel when fee taxed to him
per folio .... '
Team Fee after Declaration filed
Fee on every llecord, including attendance to pass "...
Fee on eveiy Rule of Court or Judge's Order
Fee on attending by Counsel or Attorney, to hear Judr/ment
of Court, wlien attendance is noted by the Clerk a^ tho time
AFFIDAVITS.
Affidavits of four folios and under including attendance and
oath .. J QQ
Above four folios for every additional folio . o 20
'nfo'r HmIv.
•i^ c.
20
2 00
25
20
25
25
25
25
25
20
50
25
50
2 00
1 00
1 00
1 00
50
1 00
50
75
75
25
2 00
1 00
20
20
12
12
12
1 00
1 00
1 00
12
50
50
50
j
I 00
75
20
10
Superior S'lale. Infe'r Scale,
I
CO
Oo) )ies of affidavits when necessary, per folio.
Commoji Affidavits of service, when necessary, inchiding at-
teu<Urnce to swear and oatli ...
Mileage on Services of Papers as on Writs of Suiinnons.
NOTE. -No Affidavit of Serrice will he allowed of any paper by one At-
torncy vpun anothe. , unleifs tlie Attorney nerved refuses to admit service in
ivriting, and vnless in co)isi '/uoice the aftidavit hecoines or is necessary; and
any clerk if any Attorney may admit service for hismastcr.
DEFENDANTS.
Appearance
For each additional Defendant ...
A second summons, and order for time to plead shall be al-
lowed in special cases, when necessary.
COUNSEL FEES.
Fee on Motion of Course, or on Motion for Rule Nisi, orou
Motion to make Rule absolute, in matters not special .
On Special Motion for Eulc ISisi (only one Counsel fe' (
be taxed)
To be increased to $10 in the discretion of the Master.
To attend Reference to Master, wh a Counsel necessary
On revising Pleadings, or Interrogatories, or settling, or re-
vi'.ing Special Cases when necessary, in the discretion of
the Master...
Advising on eviaence or on the case generally in contested
cases, in discretion of the Master, a sum not exceeding...
Fee on argument on supporting or opi)Osing Rules on re-
turn of Rule Nisi, or argument of Demurrer, sp' ?ial case
Note. — To be inci-eased at the discretion of the master to
a sum not to exceed
Fee v>it]i Brief on Assessments
Fee with Brief at trial in cases of Tort or in Ejectment, or
in matters of contract where contested
(To be increased by taxing omcer, in his discretion, to a
sum not exceeding $30 to Senior Counsel, and $20 Junior
Counsel, in actions of a special and important nature;
Provided that the Master shall have power to tax increased
fees, provid< d that moi-e than one Counsel fee shall not
be allowed in any case, not of a spi^cial and important
nature, nor more than two in any case.) ...
Fee to Counsel when Counsel attend on argument or exami-
nation in Chambers, which in the opinion of the Judge or
Master required attendance of Counsel ...
(But may be increased in the discretion of the Master oi- a
J udge to a greater sum, but not to exceed
Where any fee is subject to be incxeased in the discretion of
the Master, either party to the taxation, may during its
^ c.
12
2 00
5 00
5 00
5 00
5 00
10 00
30 00
10 00
2 00
10 00
$ c.
12
1 00 75
T<
i
T(
70
60
B;
2D
20
1 00
3 00
3 00
3 00
2 00
6 00
10 00
5 00
15 00 10 00
00 15 00
1 00
5 00
11
Infe'r Scale,
$ C.
12
75
piogreHS require tliat such item shall i)e referfed l»y tlie
Master to a Judge whose (.lecisiou shall be linal.
The Master may apply to a Judge or the Court, on the tax
ation of any it(;m which is in his discretion, or is referred
to him.
ALLOWANCE TO WITNESSES.
Superior Scale. Infe'r Scalf,
$ c. $ C.
50
20
15 00
1 00
5 00
1 00
3 00
3 00
3 00
2 00
5 00
•
10 00
5 00
10 00
To witnesses residing within three miles of th« Court House
per diem ... ... ... .. .., _ 1 '>")
To witnesses residing over three miles from the Court House 1 50
Barristers and Attorneys, Physicians and Surgeons, when
called upon to give evidence in conseqiieiuje of any pro-
fessional services rendered by them, or to gi\-c professional
o] unions, per diem 4 Oq
NOTE. The trarclUntj eTpcnuc; itf m'tneni^es shall be allowed accordinn to
the sinnn reasonably and aetuallii expended, but, in no case xhall exceed ,'') ,y/(^v
per mile one way ; and if witnexne:) attend in one cnum onli/ tliei/ mill be entitled
to the full allowance in that caxe ; but if theyaiiend in more than one case then
will he entitled to a proprn'tiotMl part only in each cane.
TO CLERK IN CJHAMBERS.
For each Fiat granted by a Judge for a writ of Quo War-
ranto, or for a Rule of (^oiu-t
For every Summons
For every Order
For filing each paper
Taking Affidavit
For making up each final Judgment of the Judge in con-
tested Municipal Election cases, and returning the same
into Court ...
Copies of papers, j)er folio of 100 words
Evei-y search of not more than two terms ...
Do. if exceeding two terms and not more than
fo'ii' • •
Do. if exceeding four terms, oi- a general search
CONTESTED MUNICIPAL ELECTIONS.
ATTORNEY.
Instructions. — To apply for a Writ, of Summons or defend
against .
Statement of grounds of complaint, including a fair copy
Aff^/lavits whetLer si)ecial oi- conmion, per folio of 100 words
Recognizance — Di'awing
Attendance Special at Chambers, for Writ of Summons, to
serve writ, upon the argument, or to hear judgment ... 1 00
Attoidance Common, all other attendances, not mentioned
as special, each 59
25
50
4 00
50
25
35
25
75
50
10
10
20
20
1 00
1 00
12
12
15
10
25
20
75
50
2 00
2 00
{ ^0
2 00
2 00
f^H
20
20
^H
1 00
1 00
■
1 00
50
12
Scale,
$ c.
Inf.^
•rSc
.1
ale.
C.
1
1
00
00
1
1
00
00
M
For f
9
For f
12
12
For (
1 00
1 00
For
Superior
IVrlfs. Prc'pariiii,' VViit of Sumrnons, AVrit of Certiorari,
Miindiunus, Ti-iiil, or Writ of Execution, each ...
Fee on each Wiit
Notires. Indorsement on Writ of Suuinions, every otlier
endorsement njton writ, wlien recjuired to be nia<le, antl
all common notices, ejich ... ... ... ... ... 50 50
Copies of Statement, or other pai)ers and document.s, when
re(iuir(Ml to lie made or served, half the amount allowed
for the original, and where no specific sum is allowed,
then coi)ies of jtapers roijuired, or which may be directed
to i)e made, furnished or .served, to be allowed per folio of
100 words
/sftues when directed to be tried, [)re{)aring same
l)isb}u:iie)iie.ids. Postatfes actually paid, mileage when it is
necessary to emjtloy [)arties to serve wiits, pajjers, Ac,
the actual inimber of miles travelled to perform the
service, per mile, one way. .
iV. B. — No instructions to be allowed nor attendances to
swear athdavits.
Instructions for Briefs as in ordinary cases.
Briefs per folio of original matter, when necessary . .
Briefs per folio of coj>y,\vhen necessary
COUNSEL.
Fee for argument upon the return of the Writ of Sum-
mons, if argued by Coun.sel 10 00 10 00
To b(> increased at the discretion of the Judge, according to
the importance of the case, and not exceeding ... ... 20 00 20 00
10
20
12
10
20
12
%
For
TO THE (JLEKK OF THE CROWN AND PLEAS.
(To be accounted for to the Treasurer of Manitoba.)
Foj' taking recognizance of bail
For signing, sealing, and issuing each writ of ten folios and
Tinder, including the filing of Praecipe
For every concurrent alias pluries or renewed writ, ten folios
and under . .
And for every folio jibove ten, per folio
For eveiy Rule of ('ourt of six folios and under, including
the tiling of motion ])a])er. .
And for every folio al)ove six, j)er folio
Filing each })a])er act>ially necessary to be filed, the filing
of which is not included in .some other item
Entering anvl filing e;ich ai)[)earance pajjer
Amending every wiit, rule, order or proceeding, per folio . .
SubpcEna, including filing praecipe
50
50
Foi-
1
1 00
50
cl
For
50
25
ni
cl
12
12
For
1 00
50
((
20
20
15
10
For
50
25
Mai.
30
20
JVC
50
30
deteri
13
Inft^'r Scale.
$ c.
1 00
1 00
50
Sui)cri(*r Scale
12
1 00
10
20
12
10 00
20 00
50
50
25
12
50
20
10
25
20
30
t
Entering aiul filing intorlocatory juclginont in cases wliere
the writ is not specially endorsed, and wiiere it is nec^'ssary
to take case down to assess danniges, where hv the jiractiee
such judgment in. y be entered ...
Every certificate under seal of the court, four f\>!ios and
under, for every acMitional f( lio, 20 cts.
Entering final .jiidgnient including the filing of the judgment
roll, hut excluding other filings actually, necossa'iy
For i»a.ssing and entering for ti-ial Nisi Prius Recoi-d ...
For swearing juiy in each case where it is a jury trial
For sweaiing each witness on a trial
For every exhibit filed on trial
For taking and recording verdict whether the trial he by
judge 01' jury . .
For taxing every bill of costs and giving allocatui- when
required
And any time necessarily i-ecjuired beyond one hour, on
any taxation {ter hour. . . . ..,
For every reference to the master in the nature of an en-
quiry or for examination or ar.y special matter, not ex-
ceeding one houi- .. ...
For any time in the matters last aforesaid beyond one hour
— per hour.
For signing every necessary ap))ointment (not l)eing an ad-
journment of a [.ending matter) and noting same in his
book, and including the filing of pi-aecipe, if such be
necess.'Ary, ...
For coi>y of papers filed and exenq)lifications under the seal
of theCourt,including filingof piaecipe and search, per folio
Period of one year back from the time of search
Do. for two years
Do. a genei-al search
For every aflidavit taken before him . .
For entering satisfaction on judgment roll, and including' all
filings and searches . . , . . . '"'
For evevy commission for the examination of witnesses, in-
cluding the «Hng of order and praecij)e
For receiving into Oourt, taking care of and paying out
money, including all searches and filings and all other
cliarges —
For $l"0() and under
above -5 100 and not above |200 . .
above !ii!2')0 and not above |400
$ c.
Infe'r Scale.
i? e.
it
" above $400 and not above flOOO
" above «1000 . .
For entering Exonei-etur on bail piece, including filings
Making the necessary entry in the debt attachment book
hJ2J-1' him "''"' "°/ ff'-^fi'^f^y Promded for shall be allowed for at a rat,
na'ued *'"'•'"'■*""'" to t/,v allowance for like sn-oi,;. in th, items specially
I 00
50
50
50
1 50
75
1 00
75
50
25
20
20
10
10
1 00
75
1 00
50
1 50
1 00
I 50 ■
1 00
1 50
1 00
30
12
20
50
1 00
20
1 00
1 00
1 50
2 00
3 00
00
10 00
50
50
20
12
20
5(1
1 00
20
50
75
1 50
2 00
3 00
6 00
10 00
50
25
14
TO COMMISSIONERS.
For taking recognizance of Imil
For taking every affidavit
Superior Scalp. Infe'r Scale.
$ C. $ C.
50 50
20 20
TO THE CRIER.
For calling every i^ase with or without jury
For each witness (jr constable sworn in respect of a cause
to the sheriff and his deputies,
(civil side.)
Every warrant to execute any process mesne or final when
given to a bailiff . .
Arrest when amount endorsed does not exceed X50 ($200)
Do. over .$200 and under $400
Do. over . 1400 •
Mileage going to arrest : when arrest made, per mile
Do. conveying party arrested from place of arrest to gaol,
per mile
Bail bond or bond to limits
Assignment of the same
8ei-vice of process not bailable, Scire fxicias or writ of Re-
vivor or otlier writ (including affidavit of service) each
defendant
Serving subpoena, declaration, notices or other papers, be-
sides mileage one way for each party served, including
affidavit
Receiving, entering, endorsing all writs, declarations, rules,
notices, or other |)apers to be served, etc.,
Heturn of all process and writs (except subpoena)
Eveiy se-arch not being Vjy a party to the cause or his at-
torney
Certificate, of result of search when I'equired . .
Fee on striking special jury
Serving special jury each
Summoning sj)ecial jury, each mile travelled from the
Court House
Returning panel of special juiy . . . . . .
Mileage on service of all j)aper3
Every jury sworn
Poundage on executions and attachments in nature of exe-
cutions when the sum made shall not exceed $400, 5 per
cent.
Do. when it exceeds $400 and is less than $4000, 5 per cent.
for the first $400 aud 2| per cent, for the residue.
Do. over $4000, 1 \ per cent, on whatever exceeds $4000
in addition to the per centage allowed up to $4000 in
75
20
1 50
75
50
15
75
50
1 50
I 50
3 00
3 00
6 00
6 00
20
20
20
20
1 50
1 00
1 00
50
1
50
50
30
50
30
25
25
50
50
«) 00
6 00
50
30
20
20
2 00
20
20
1 50
1 00
15
Infe'r Scale.
$ C.
50
20
50
15
Infe'r Scale.
$ C.
50
1 50
3 00
6 00
20
20
1 00
50
1
50
30
30
25
50
6
00
30
20
20
1 00
I
i
Seizing
1 00
20
1 50
1 50
75
50
50
25
4 00
2 00
Superior Scale.
$ C.
lieu of all fees and Ghar«j;es for services and disbursements
except mileage in going to seize aiui disbursenieiits for
advertising and necessarily incui-red in the care and re-
moval of j)roj>erty to be allowed by the taxing officer in
his di.s(;a*oion.
Schedule of goods taken in execution, including copy to
defendant if not exceeding five folios . . . . . 1 00
Each folio above five . . . . . . . . . . 20
The sum actually disbursid for advertisement required by
law to be inserted in the Official Gazette or other news-
paper.
Drawing up advertisement when required by law to be pub-
lishe<l in the Official Gazette or other newspaper and
trans'.nitting the same in each case
Every notice of sale of goods in each case
Every notice of postponement of sale in each case. .
Executing of writ of ])Ossession or restitution besides mileage
Bringing u}> prisoner on attachment or habeas corpus besides
travel at 20 cents per mile . . . . . . . . 1 50
Actual mileage from the Court House to the place when
service of any process i)aper or proceeding is made per
mile one way . . . . . . . . . . . . 20
estate and effects on attachments against an
absconding debtor . . . . . . . . . . 2 00
Every inventory to be cha»-ged as on Executions.
Removing or retaining proi)erty reasonable and necessa..^'
disbursements and allowances to be made by the taxing
officer or by order of the Court or judge.
Bailift^'s fee for summoning juiy, mileage per mile . . 20
Bond to secure goods taken under an attachment if prepared
by the sheriff 2 00
NOTE. — The allowance to the Sheriff for any service nut particularly men-
tioned, Khali he regulated according to the num allowed for the items specified.
The Sheriff must use all the economy possible in the service of papers in respect
of mileage by transmitting papers by post or otherwim to deputies and outer
constables and bailiffs when possible,' or the Master may tax down the mileage.
sheriff's fees,
(crown side.)
(Subject to the approval of the Lieut.-Govemor in Council.)
Attending the Assizes per diem . . . . . . , . . . 7 00
For every person discharged from Gaol, having been committed by
Warrant for Trial * 1 50
Bringing up each person for arraignment, trial and sentence, in all
for each Piisoner, whether convicted or - luitted . . . . . . 3 00
Drawing Calendar of Prisoners for trial at the Assizes, including copies 6 00
Every annual or general return required by La\v, or by the Govern-
ment, respecting the Gaol or the prisoners therein, if require.! by
the Government 10 00
1 00
20
1 00
20
1 50
.:5
1^
k;
Every other return made to tlie (lovernuu'Ut when required
Every other re(|uired hy Law ..
Drawiu<( C'aleudar of Prisoneris in (laol and on l^ail for trial ut the
Court of Oyei- and Tersainor and iieneral gaol tlelivery
Conveying Prisoners to the Penitentiary or Heforniatory (exclusive
of disbursements) for each day nt>cessarily employed
Arrest of eacli individual U[)()n wan-ant. to he paid out of the Puhlie
Funds, or hy the party (as the ease may he)
Serving SubpoMia upon (!ach person to he paid out of the Public
Funds, or by the party (as the case may Ise)
Travelling in going to exeoi te wai-rant o»' serve subpiena, 20 cents
per mile, and the same charge per mile actually travelled in re-
turning with a prisoner. When tlie service has not been effected the
Treasurer to bo sati^siied that due diligence has been used, to be
paid at a reasonable rate out of the Public Funds or by the i)artv
(as the case may be) ... ... ... ... ... ... ,_
Conveying prisoners on attachment, Judge's Order or Habeas Corpus,
exclusive of disbursement actually made, wiien no charge by Law
is allowed for each day necessarily employed, to be paid out of the
Public Funds, or l)y the })arty (as the case may be)
Making Return u[)on attachment or Writ of Habeas C,V>rpus, to be
paid out of the Public Funds or l)y the parU' (as tlie case may be)
Levying fines or issues on recognizances (jstreated oi- other process,
the same allowance as on executions in Civil proceedings.
Carrying into execution the sentence of the C(Mirt in I'apital Cases ;
all such sums ;is shall be unavoidably disbursed, to be taxed by the
Master or Treasurer ...
Summoning each Constable to attend the Assizes, mileage in serving
one way 20 cents i)er mile ...
Keephig a Record of Jurors who have served each Court ...
All disbursements actually and necessarily made in guarding
Prisoneif;, or in their conveyance, to be allowed for, but to be
rendered in account in detail with projiei- vouchers to the satis-
faction of the Treasurer.
*Sunmioning- Grand and Petit Jurors for each Court.
* The allowance in the old taviff for this sn-ricc ivnn S^on .■ whether that is too imirh or too
httlethe data are not at hand to determine. It mail for aiKjht that is known be a fair sum
for the serrice. Rut it would he more business like tt pal/ a fair mileage for scrring the
jurors and a certain sum for the precepts and returns; this latter sehice is allowed in
Ontario for Grand Jari/ *'i,^ and Petit Jurj i^-J>,.
5
4
c.
00
00
4
00
8
00
2
00
1
00
I
7 00
:\ 00
20 00
1 00
4 00
TO THE CRIEH.
(Subject to the approval of the Lieut.-Govenior in Council.)
Attending in Court per day during the trial of criminal bussiness
Each proclamation ...
Each Jury sworn
Calling e;.ch person on bail
Calling each defendant or plamtiif when necessary
Swearing each witness
Each constable sworn ... ...
1 00
25
50
25
25
10
20
17
5
4
c.
00
00
4
00
8
00
00
1
00
PFIOHATE.
7 00
3 00
■2i) 00
1 00
4 00
1 00
25
no
25
25
10
20
I
The JoUoidnff fens nhall h>- lake it for procce<Ua<)x i.i prohatu, and no other charges
shall be alloived to be taken bif the Afanter for duties and services under the
Act, ill respect to non-route ut ions business :
Rccciviu^^r jtud onteriiiij iippliciitioii for pi-ohatn or adiniiiistratiou ...
Preparii-jj; all the iif'cessary aHidavits in a luattci- of probate or ad-
ministi'ation if pi-eparetl l»v liitn
K\ery bond on administration or otherwise, with affidavit of snffi-
(jiency, if ]>re])ared l>y him ..
Prei»aring in.strnment of rennnciation witli affidavit of execution, if
necessary, and if prepared hy him ..
On every iyfrant of probate or administration, and entering the same
in Register JW)k, as follows:
Where proi»orty devolving is under .$1200
" " " from i^l 200 to .$4000
from .$4000 to .18000
above $8000
Re(;ording will, per folio
For pi-obate or administration issued under seal of Court,
(If sjmcial, may be charged at 15 cents per folio on order of
tlu^ .Indgc).
Transcri))t of will, in addition, per folio
Certified copy of will, when re(piired
Drawing .special orders or other instruments directed bv the Judge,
per folio
Taking every affidavit . . ... . . . . . . . .
Attending and entering everj^ order made, or proceeding had, on a
si)ecial attendance', or attendance for audit by Judge
Every summons, citation, or other process issued under seal of the
Conrt ...
If over three folios, in addition, per folio
Filing caveat
Warning to a caveat, anrl noting same . . . . . . . .
Receiving and entering bond on appeal
For search by a party in the Registry
For looking up original will or instrument, and inspection . .
Every certificate of search or extract
If over three folio.^, in addition, per folio ...
Exemplification under seal of Courc
If exceeding five folios, per folio
For depositing every will of a living person for safe custody, includ-
ing a d"[)osit receipt ...
For taxing co.sts, and granting certificate ...
(No fee allowed for filing paper.-j in non-contentious business).
To-be taken bij Attornei/s in respect to Business and Services under
the Act in noii-conteidious cases.
Consulting fee . .
$ c.
50
2
00
2
00
2
00
2
00
3
00
4
00
6
00
15
I
00
15
15
15
20
1 00
1
00
15
25
20
50
20
40
75
20
1
50
15
1
00
75
1 50
18
Preparing all necessary piipei>' and proof's, and passing Pi'ohate or
Administration through Court in ordinary cases, including petition,
affidavits and bond, as follows : —
Wher«i proi)erty devolving is under .flliOO
*' " *' from 11200 to $4(>()()
« " " from $4000 to |8000 .
" " " over $8000
(Fn case of limited or other s})ecial grant, an additional sum,
not exceeding $4.00 may be allowed on order of Judge.)
For every necessary attendance before Judge when matter s[)ecial . .
(No allowance for ordinary attendances in common form business.)
Affidavits to lead to citation and affidavits other than those to lead to
grant-
-each
If over three folios, per folio additional . .
Fee on subpoena to bring in script, and on citation or other instru-
ment unt jr seal of Court
Preparing caveat and entering same
Attending and giving written insti actions for wai-ning caveator
Preparing bond on appeal, with affidavit of execution, and affidavit of
justification . . . . . . . . . . . . . ,
Notice of appeal, copy and service , .
Bill of costs
NOTE.— She riff's f CM for any Hcroicen in probate shall be the same as in like cases in actions
$ c.
6 00
8 00
12 00
U 00
1 00
1 00
15
1
2
1
00
00
00
3 00
I 00
1 00
at law.
Fees to be taken by the Clerk of the Croiun, and Pleas and a<xounted for to the
Treasurer of the Law Society, to provide suitable acconimodation for the Court
and a Library.
(Subject to approval by the Lieut.-Governor in Council.)
For every writ . .
For every verdict . .
For every judge's order or fiat . .
For every Rule of Court
For evevy Rule of reference
For every recognizance of bail filed
For every sub^joena
For every judgment signed, intestventory or final
For every affixed affidavit filed . .
For every judge's summons
For every return or report of every reference to the master, as enquiry,
examination of parties, witnesses or otherwise, under a Rule of
Court or judge's order
For every cognovit or confession of judgment filed
For every exemplification under the scale of the Court . . , .
For every petition filed for letters of aduiinistraticn or probate
For every instrument or process having u])on it the .seal of the Court
For every grant of administration or probate as follows : —
Where the pn'operty devolved is under $1 200 . . ... 3 00
do. do. above 11200 and below $4000 .. .. 5 00
do. do. above $4000 .. .. 10 00
50
50
20
50
50
50
50
50
10
20
50
50
50
50
50
19
p.
6 00
8 00
12 00
U 00
1 00
1 00
15
1 00
2 00
1 00
3 00
1 00
1 00
nx at law.
for to the
the Court
50
50
20
50
50
50
50
50
10
20
50
50
50
50
50
3 00
9 00
10 00
For filins: caveat
$ c.
50
For every final judgnietit in a contentious or disputed case in probate 4 00
For r.eposit of wills for sate custody, each 50
11. Proeeediriffs at Law shall be entitled thus : —
At Law..
" John Brown,
Plainti'J,
Vfl.
"John Smith,
Defendant."
Proceedings in Equity thus
In Equity.
" John Brown,
Plaintiff,
and
" John Smith,
Defendant."
And proceedings in Probate thus : —
In Prohate.
" lu the Queen's Bencli.
" In the Queen's Bench.
•* In the Queen's Bench.
"In the matter of, etc., (as the nature of the proceeding, according to the
English o'- Ontario Probate Rules shall require when applicable, the
said rules being hereby adopted in so far as they can reasonably be
made to apply to proceedings in Probate.)"
12. No writ shall be required to initiate any suit in Equity ; but all suits
shall be commenced by bill of complaint without any direction
thus : —
" City of Winnipeg
In Equity.
" John Brown,
Plaintiff,
and
" John Smith,
Defendant."
the
" In the Queen's Bench,
day of A.D. 1«7
5,1
The bill of complaint of John Brown of the City ©f Winnipeg, in the
Province of Manitoba, merchant, sheweth as follows : —
20
T UntVraud by virtue of an Tixlctiture, etc., (nmhling the cmn-
_:L 0/ pLwarks M the .00.1 " Thatr and -Uv^d^ru,
and numbering the bill info paragra/>h>!.)
13. For practice atul procedure, an<l the fot-ins thereof, recourse Hhall in
all cases not specially proviclcl for by the rules o.- onlers o this
Cmut be had to the practice and procedure ami the forn.s thereoi
Tnfore iu the C^ourt of Chancery in Ku;,dand, except asmodifaed
Chan red or altered by the general orders of the (Jourt of Chancery
tXtl puW - "Tat.oh's Consoudatei,
Chancery Oudeks," that is to say :—
I. Preliminary — Orders and 7.
II. Officers of the CouRT-Orders 8, 9, 10, 11, 12, 13, 23, 24, 25, 29,
30, 31, 32.
III. Solicitors and Parties Acting in Person, and Service on them
PvESPECTiVELY— Orders 40 to 52 inclusive, except 42.
IV. Parties— Orders 53 to 05 inclusive.
V. Pleadings and Written Proceedings generally.— Orders 66 to
78 inclusive.
VI. Bills— Orders 74 to 85 inclusive.
VII.— Service of Bills— Orders 80 to 103 inclusive.
VIII. Taking Bills pro Congresso— Orders 104 to 119 inclusive.
IX. Demurrers -Orders 120 to 121 inclusive.
X. Answers— Orders 122 to 133 inclusive.
XI. Production of Documents— Orders 134 to 137 inclusive.
XII. Examination of Parties— Orders 138 to 148 inclusive.
XIII. Replication Joining Issue— Orders 149 to 155 inclusive.
XIV. Notice Admit— Orders 156 and 157.
XV Setting down and Hearing-So much of the orders under this head
as are applicable to the circumstances of the constitution of the Court and the
country.
XVI. Decrees and ORDERS-Orders 185, 186, 187, 188, 189, 190, 191,
194, 195, 196.
XVII. Chambers- Orders 197 to 210 inclusive.
XVIII. Master's Office— Orders 211 to 257 inclusive.
XIX. Affidavits— Orders 258 to 261 inclusive.
XX. Motions and Petitions— Orders 262 to 277 inclusive.
XXI. Receivers. Orders 278 to 283 inclusive.
XXII. Injunctions— Orders 284, 285.
XXIII. Stop Orders— Orders 286, 287.
XXIV. Process —Orders 289 to 303 inclusive.
/ the cmn-
• hvidimj
io filmll ill
•a of this
IS thereof
modified,
Chancery
30LIDATE1)
24, 25, 29,
3 ON THEM
lers 60 to
isive.
21
XXV. Costs -Orders 'M)\, 305, 300, 307, 308, 314, 315, 310, 317, 318,
319, 320, 321.
XXVr. PllO(EKI)IN(iS TO REVISE, ALTER, OR EXPLAIN DK0REE8 AND
ORDERS -Orders 322 to 230 inchisivo.
XXVI [. Revivor and Smm'lement — Orders 237 to 351 inclusive.
XXVI II. Pay.ment ok Money into and out of Court — All the orders
under this hetul in .so far iis they ciin be iimde appliciihle to the Court and
the circumstances of the country, the master of the Court to stand for the
officers of the court mentioned in these orders and in all other orders.
XXIX. Sales- Orders 374 to 397 inclusive.
XXX. Examination Pro interesse suo — Orders 398 to 401 inclusive,
XXXI. Copies -Orders 402 to 405 inclusive.
XXXII. Time— 400 to 412 inclusive.
XXXIII. Sittings of the Court. — The Court will sit for the hearing'
»nd re-hearing of causes, demurrers, motions and p;titions at such times an.
shall from time to time be appointed.
XXXV. MoRTOAOK Suits — Orders 426 to 466 inclusive.
XXXVI. Administrator's Suits — Orders 467 to 487 inclusive.
XXXVII. Alimony Suits— Orders 488 to 491 inclusive.
XXXIX. Infants and Persons of Unsound Mind — Orders 517 to
537 inclusive.
XL. MrscELLANEOus— Orders 538, 539, 540, 541, 543, 546.
XLI. Supplementary Orders — Orders 547, but varied so as to read;
"need not be certified at all." 548, 549.
Declaratory Orders, 17th October, 1868 — Orders 550, 551.
ive.
ier this head
urt and the
9, 190, 191,
2 00
14. The following costs shall be allowed, and no others, except by order
of the master or a judge : —
TO counsel and solicitors (as the case may be).
On argument in Chambers, in cases proper for the attendance ol
counsel (to be increased in the discretion of the Master not beyond
$10, to be marked at the time)
Fee on settling pleadings, i)etitious, revivors, replications (when
special), and advising whether cause should be heard on bill and
answer, or on motion for decree, or set down for examination and
hearing, and advising on evidence (to be increased in the discretion
of the Master to not exceeding $10)
On special applications to the Court only, to be increased in the dis-
cretion of the Master only to
Arguing demurrer or other special argument, or at the heai'ing of the
cause, only to be increased in the discretion of the Master
Fee on drawing and settling allegations in jncecipe for revivor in
special cases, proper for the opinion of counsel, (to be increased in
the discretion of the Master to not exceeding $5)
2 00
5 00
10 00
2 00
22
Fee to be allowed on settling .special aftiduvits used in Court, (to be
increased at the discrotiun of the Mnstor to a sum not exceeding $5)
On special and iinpoi-tant points, and mattcrH ropiirin;^ the atten-
dance of counsel, the Master may, in lieu of tin* fees for atten-
dance, allow SI counsel fee when counael attend th(; sanje, to be
noted at the time, not to exceed
Fee on consultations
lo.
2 0(»
10 00
Ft 00
INSTRUCTIONS.
Instructions for .suit, or to defend, in ntortgage or other ordinary
suits or matters . . . , , . . . . . . . . . 3 00
In special suits or matters . . .. .. .. .. 4 00
For petition, or to oppose petition, when no bill filed . . . . 2 00
To be increased in special cases in Master's discretion to a sun*, not
exceeding . . . . . . . . . . . . . . . . 4 00
For such important step or proceeding in the suit as the Master is
satisfied warrants such a charge . . . . . . . . 2 00
For special affidavits when allowed by the Master . . . . • 1 00
Instructions for brief . . . . . . . . . . . . . . 1 00
PLEADINGS.
Drafting bill not exceeding 20 folios, including copy to keep • . . 4 00
For every additional folio above 20 to be allowed in the discretion of
the Master 20
Drafting answer or other pleading, petition or proceeding, per folio 20
Fee to plaintiff's solicitor perusing answer . . . . . . . . 1 00
AFFIDAVITS.
Drafting affidavits, per folio . . . . . . . . . . , . 20
Affidavit of service including attendance to swear, copy and oath 1 00
Perusing copies of affidavits filed or served by the opposite party,
per folio 05
COPIES.
Engrossed copies to file, copies to serve, per folio . . •. . . . 12
Copies 01 order or other documents required to be served, per folio 12
BRIEFS.
Brief, per folio, including briefing and f.'ir copy of pleadings, deposi-
tions, affidavits, and necessary documoutrn, .'jubje* t to be reduced by
the Master if the same contain si.p uiir ■ as matter or be of un-
necessary length, or if the dates thert.>f be omitted
Observations or other original matter in brief, per folio ...
12
20
2:i
1 c.
2 00
3 00
4 00
2 00
4 00
2 00
I 00
1 00
4 00
20
20
1 00
20
1 00
05
12
12
12
20
0RDKR8.
Drawing Hpccial ininutoH \Hn- folio propun'.l by the Solicitor
Appointment to Hottle or pusH decree or order, copy and Horvico...
[When served on more than one party, the extra copies and seivicea
are to be allowed.]
For every hour's attendance before the Ma.ster, by liis ai)pointment,
on 8Pttlin«,' minutes, or iKis.sing decree or order, if noted by the
Master or otherwise pioved...
The fee on settlin;^' minutes and passing decree or oidcr, mav be
increased in tlie discretion of tlie Master in special cas^s iu
a sum not exceeding If), where the solicitor attends personally
on such settling or j)assing. When the minutes are si^ttlell
or decrees, or orders passed between the solicitors, the Mi\ster
sliall have tlie discretion as to the amount to be allowed. Fee
on all decree.: and orders to the party obtaining the same
Fee on pratcipe decree
I'ROCKSS.
Prve-ipe for any j)roces8, including attendance with
Fee on all writs to the })arty obtaining the same
SALES.
Drawing advertisement for the sale of real or personal estate under
the direction of tlie Court, including all copies except for })rintin<'
And for each folio over five, per folio . .
[To be increased in the discretion of the Master to a sum n(jt excefui-
ing $10 when special information has been procured for the purpo.se
of the sale.]
Copies for printinir, per folio . .
Attending and making arrangement with Auctioneer
Each attendance on i)rlnter
X '• •• •• ••
Revising proof
Fee on conducting sale when lield where solicitor resides
Fee on conducting sale, besides all necessary travelling expenses
wl)ere solicitor attends with the approval of the Master previously
given . .
If the solicitor is engaged for moi'e than three hours for every hour
beyond that time
If the sale occui)ies more than one day, the Master may allow to him
in addition to his travelling expenses, per diem, a sum not exceed-
ing
The Master may also allow to one other party to the suit his fees
and expenses for atteniling sales, if in liis opinion it is necessary or
proper that he should attend.
9 c.
20
80
1 (K)
1 00
4 00
70
1 00
2 00
20
10
1
00
50
1
00
5
00
10
00
1
00
20 00
24
ATTENDANCES
A-tttmckneo on Master's warrant or appoiutinent, or on examination
of witnesses, per hour
To be increased in the clis;;retioa of the Master to
[On special and important points and matters requiring the attend-
ance of counsel, the Master, may, in lieu of the fees for
attendance, allow a counsel fee, when counsel attend the same,
to be noted at the time, not to exceed
Solicitor's attendance in Court, or hearing of cause, demurrers, or
special motions, for each hour occupied in the hearing thereof
Atteiyling consultations of counsel, per hour, where the Master is
satisfied such attendance is b(;nelicial to the client
Attendance on taxation, per hour . .
[On i-evision of taxation the same fees are to be allowed as on taxa-
tion.]
Every necessary attendance
Attending to make eacli copy of Bill, not exceeding five, an office
cony . ,
I c.
1 00
2 00
10
00
2
00
2
00
1
00
50
50
LETTERS.
Letters to each defendant before suit . .
Common letters in suit, each
Common letter between solicitor and client . .
With power to the Master in both cases to increase the fee for special
letters to an amount not exceeding . .
(No letter is to be allowed unless the Master is satisfied of its necessity)
Necessary agency letters in the course of a cause or matter to be all-
owed on taxation between party and party as necessary attendances.
Postages, the amount actually disbursed.
50
50
60
2 00
MISCELLANEOUS.
Drawing bill of costs, including copy to keep, per folio
Copy to serve, per folio
Statement of issues in Master's Office, when required by the Master
And for each folio over five, per folio. .
Fee thereon, in the discretion of the Master
Where it has been satisfactorily proved that proceedings have been
taken by solicitors out of Court to expedite proceedings, save costs,
or compromise suits, an allowance is to be made therefor in the
discretion of the Master.
Drawing Judge's appointment, and attendance for his signature, and
to serve
When served on more than one party, the extra copies and services
to bo allowed.
To he taken hy the Master and to he accounted for the Treasurer of
Manitoba.
20
1 12
20
20
2 00
1 00
$ 0.
1 00
2 00
10
00
2
00
2
00
1
00
50
50
50
50
60
2 00
20
1 12
20
20
2 00
1 00
25
Every summons or M'arrunt
Administeritig oath, or taking affirmation
Marking every exhibit . .
Drawing depositions, reports or orders, per folio . .
One fair copy when necessary, {.er folio
Copy of papers given out when required, jxt folio
Every attendance uj)on a reference
Foi" each additional hour
Every certificate
-Filing each 2>apcr . .
Taxing costs, including attemlance, one hour and under
Every additional hour
Ev«ry special attendance out of office, within two miles
Eveiy additional mile above two . .
Reading affidavit — per folio
Matter added— per folio
Searching files in office. .
Drawing minutes of decree or special order--per folio
Drawing decree or order — per folio
Entering same— per folio . .
Fee on payment of money into Court. .
Fee on payment of n.oney out of Court
Fee on admission of Solicitor . .
Comnnssion appointing Special Examiner
Attendance on appointment of guardian
On every application in (^hanibois (including the order thereon if
made,) for a decree against infants, for the administration of 'an
estate, tor the sale of an. infant's estate, to declare a person a
Junatic, tor vuterim alimony, for a vesting order, for final order of
torclosure or sale, for forclosure after abortive sale, to extend time
tor payment of mortgage money, or for taxation
On every other application (including the order thereon, if made)
^ntering parties' names, and filing bill, answer or demurrer
Entering and filin;^ all other pleadings, irterrogatories and deposi-
tion.s, or other evidence .. ..
Filing and registering affidavits, exhibits, or other papers
fciUtering note pro confesso
Subpoeaa, includin,' filing pa^cipe . .
Special writ, writ of commission
Office-copy of i)apers required to be given out— per folio
Lxaminmg and authenticating same, when office-copy prepared bv
buhcitor— every three folios wi i - .r
Amendment of record, when re-engrossment not necessary— per foli..
betting down cause, other than f.,r hearing pro confesso '
betting down cause pro mufesso
Certificate of pleadings being filed
Certificate of state of cause
Searchinof files in office.
I c.
30
20
20
20
10
10
1 00
1 00
50
10
1 00
1 00
1 00
20
20
20
20
20
20
12
30
30
1 00
2 00
50
1
00
50
50
20
10
50
50
1
00
12
50
20
2
00
50
40
50
20
NOTE.
-To the Sheriff like fets and allowanceg as in similar cases at law.
26
^ c.
2 00
1 00
50
20
Toh t k^ f ^^' "'^ ^"^^ SOCIETY.
(Subject to the approval of the Lieut C ^'
()„ -.,. •'^'^"^-«"''ernor in Counsel.)
a hhn^, every; bill or amended bill
t'le seal of the Court . . "\ ''^' "l^;^*"^'"^ «"'^P^«ua, issued under
T.b Ik h ™ ™'' ""™'''' ™'"'-
I J The V\ \r " •• •• 20
luties (,f any there be) umyLT^ \ ■'" "'''''t'"" to any other
f<"»-t or by act of the Lo W?, ''"" '',"" '^^ "'k o,- o.fler of
msp„„.ble for the »a.e \^ '^ ^'^ !. "";' "- ^id Clerk Zx, t
S-ou t, and foi- the conduct s ■ e° i °'"''''' »'"' l«l»ra of the
^'"»» ~:;rw,;;;'ii;rdr:rV'' 'v- *™« ="•'- «.«« joined
Pn.« ; l.nt all .Y,,,! p,;,,, ' * -rj," f f "'« "f tlie Court of ml
the f.rst day of the .ittin.' oV 1 1 ', n' """"•'"' f""- '""I only on
mne o'clock in the mornin" • d t , '^"'r' '"^'«™ ""e hourof
t::---.-,erk. b3 iS attendaTcet^rSr^tttct^^^^
" ^^ "' °*-^ ''^-'*-' -'« ^" 'M^ Court a. hereby .per-
16.
he
2 00
1 00
50
20
^, and in
nving his
lionotaiy,
litl desig-
'eding or
Court of
ssesa and
arm and
k of the
I' Courts
ly other
I'der of
sliall be
i of the
business
ihon'sed
>m time
it shall
less in
oval of
joined
f Nisi
ily on
urs of
out a,
ill, hy
ds for
uper-
27
COUNTY COURT.
Heieafter no formal stateuient of the cause of action shall bo neces-
sary in the County Court, but every plaintiff when he enters an
action with the clerk shall leave with him (which may be done by
post) a simple stateuient in writing of the cause of action ; in the
case of an account the particulars of the demaml may be in the usual
form of an account or otherwise ; in the case of a trespass or a wron<r
a like simi)le statement of the trespass or wrong com})lained of, with
Ihe amount ot damages clai.ued ; and in tlie case of a claim under a
written instrument, hs a note, bill, bond, covenant or contract, the
original instniment with a copy of the statement or the purport or
effect of It to the extent of exhibiting the ground of action, so that
m each of the foregoing cases it may be known and understood by a
peison o ordmiry iuLelligen;. what the action is brought for •
and the clerk shall indorse on or attach to the writ of summons the
original demand oi- a copy thereof, and on each copv of the writ of
summons a copy of the said demand.
In actions where the demand is an account or is assertained by some
instrument signed by the defendant as a note, bill, bond, covenant
or other memorandum in writing, and the defendant does not appear
according to the exigency of the said writ, the clerk may forthwith
enter up judgment against the defendant for the amount of the said
demand and costs, and issue execution thereon without any further
proof of the con-ectness of the said demand except the default of
the appearance of the defendant according to the said writ.
3. If the defendant disputes the right of the plaintiff to recover in any
action of the class of those mentioned in rule 2, he must cause a
written statement to the following effect to be filed for him with the
clerk before the entry of judgment, namely:
"John Brown
I
John Smith. )
((
against
In the County of-
iii i/iic v/inwity OI .
The plaintiff's demand is disputed.
John Smith."
And the c-ase shall then be bi-ought on to trial in due course. And
in cases of set-off or payment the defendant must in some way let
the ))laintiff know, a reasonable time before the trial of the cjuse, the
natuie and i)articulars of such set-off or payment.
In actions other than those mentioned in Rule 2, appearance and
plea may be entered but sh,dl not be necessary, and they shall, with-
out any appearance or plea be brought to trial as though appearance
and plea iiad been entered.
6.
28
and no other shall he taken hy and allowed to the clerks of tW stid
Court and be taxed in actions.
Receiving and filing denumd and entering the same in docket
-hvery writ of summons . . . . uucm.,^u
Copy for e;ich (h^fendant
Eveiy copy of demand
Every o •!> i lal sub|)(eiia
Every copy . .
Entering aj.pearance and dispute of defendant
Kece. vmg the writ of summons on return and filing the same
Above .$100 .. _ " ■■ ••
Recording every j.idgment where the 'recovery is $r,(Vor under " '
Above ,$00 and under $100
Above ,$100
^^!^-vtip"' ^'"" ''' ""^"^^'^ *^"^*^^"^ ^^" -«^ -^'1 ^^11 other
Filing every exhibit directed to be filed on the trial of a cause
Every reference enquiry or exanunatioa referred to the d.' k per hou;
Puttmg the seal of the court to any docu.nent not bein- a w
Every se.rch (except by a partv to the cause) ^ ' "
^:Sn!; ev^iy ^IhI^ ''\ -^-^^"-^^ ^'^ 1'— »-^« !-• ^Ho ' " . .
Per dollar on payment of monev into court
for every writ of execution, inclu.ling all neJessary statements -uul
e..dorseme,^s and the delivery of sau.e to the sli-irt^ 'l "^ •; j
the return thereof, and takh., charge of and ....<//m/ by post 1 e
money returned on the writ or paid on account of ac on^ o tl e
^t^t^-' ^-^':^ ^>en.de to party t;^h!;m
$ c.
25
40
20
15
50
10
25
20
1 00
1 50
2 50
25
50
75
10
1 50
50
20
12
20
02
1 00
ALLOWANCE TO BE MADE FOR SERVICE OF PROCESS.
^^e r;""' "'' '""""'' "^ ^"""^« '''■'' ^' -"— '^ P-- mile
^'IZTITZ'^'^ ^'-'^ of -service-oath if- neces;;ry, and
[Pa,mdage and a^tendarices on executions to the i>arties to whom
the same are directed the same as th. "Inferior Scl'' f . T
Sheriff in the table of fees in the Queen's B^-nch.] '
enumerated not to exceed il auS' M^^X^n^ '"""'''' '" ""' '^'"'^^'' "'""^^
20
1 00
$ c.
25
40
20
15
50
10
25
20
1 00
1 50
2 50
25
50
75
am
29
0. No fee or allowance shall l,e taxed to any attorney or counsel i,. .„n-
actioii m the County Court, except in contentious or dis„t t "l
TZJ^^:frr^r'^ tnul.ofany cause alio, an att!:!
o counsel to l.e taxe< m the cause such trial fee .s h. shall think
fit and proper under the circumstances, in no ease to exceed m.
E. B. Wood, C. J.
J. C. McKEA(fNKy, J.
Louis BetouhiVay, J.
10
1 50
50
20
12
20
02
PKINTEO AT "TUB STANDARD" OFKJUK, WINNIPEG,
MANITOBA.