items for which it was given were referred (The Glenmanna, Lush. 115). In an action for necessaries, some sum being due, the registrar will decide upon the actual amount (The West Friesland, Swa. 456); and the practice is the same in an action for wages and disbursements (The Glentauner, Swa. 415; The Daring, L. R. 2 Ad. 260). So, too, in an action for salvage, if it were necessary, any question of the amount of expenses and damage incurred in rendering the service may be referred (The Salacia, 2 Hagg. 262; The Oscar, 2 Hagg. 257); but this practice is now seldom resorted to, see ante, Ch. I., Salvage. In those rather rare cases also when damages are ordered to be paid for improperly arresting a vessel, they will be assessed by the registrar (The Cathcart, L. R. 1 Ad. 314; The Don Ricardo, L. R. 5 P. D. 121; 49 L. J. Ad. 28).

Moreover, the matter may be referred with directions to the registrar to observe certain principles of law in his investigation (The St. Cloud, Br. & L. 3 (19).

And, where several actions have been consolidated, one of such actions can be referred separately, if convenient, without any reference of the others (The Helen R. Cooper, L. R. 3 Ad. 339; 40 L. J. Ad. 46).

The order of reference is obtained at the time of the decree from the registrar, and thereupon the practice set out in the following rules from the A. C. R. 1859, must be followed.

107. The following rules shall apply to references by the judge to The rules the registrar, whether the reference be to the registrar alone, or to as to the registrar assisted by one or two merchants.

108. Within twelve days from the day when the order for the reference is made, the solicitor for the claimant shall file the claim and affidavits; and, within twelve days from the day when the claim and affidavits are filed, the adverse solicitor shall file his counteraffidavits.

109. From the filing of the counter-affidavits six days only shall be allowed for filing any further affidavits by either solicitor, save by order of the judge, or by permission of the registrar.

practice in references. Time.

Adjourn

ment.

Produc

tion of witnesses.

Counsel.

Costs.

Filing report.

Objection to report.

Printing.

The

practice.

110. Within three days from the expiration of the time allowed for filing the last affidavits, the solicitor for the claimant shall file in the registry a notice, with the stamps for the reference affixed thereto, praying to have the reference placed on the list for hearing; and, if he shall not do so, the adverse solicitor may apply to the Court to have the claim dismissed with costs.

111. At the time appointed for the reference, if either solicitor be present, the reference may be proceeded with; but the registrar may adjourn the reference from time to time, as he may deem proper.

112. Witnesses may be produced before the registrar for examination, and the evidence shall, on the application of either solicitor, but at the expense, in the first instance, of the party on whose behalf the application is made, be taken down by a short-hand writer or reporter appointed by the Court, who shall be sworn faithfully to report the evidence and a transcript of the short-hand writer's or reporter's notes, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses in an objection to the registrar's report. 113. Counsel may attend the hearing of any reference, but the expenses attending the employment of counsel shall not be allowed on taxation, unless the registrar shall be of opinion that the attendance of counsel was necessary.

114. The registrar may, if he think fit, report whether any and what part of the costs of the reference should be allowed, and to whom.

115. The solicitor for the claimant shall, within six days from the time when he has received a notice from the registry that the report is ready, take up and file the same in the registry.

116. If the solicitor for the claimant shall not take the steps prescribed in the next preceding rule, the adverse solicitor may take up and file the report, or may apply to the Court to have the claim dismissed with costs.

117. A solicitor intending to object to the registrar's report shall, within six days from the filing of the report, file in the registry a notice, a copy of which shall have been previously served on the adverse solicitor; and within a further period of twelve days he shall file his petition in objection to the report.

118. All the rules hereinbefore prescribed respecting the pleadings and proofs in a cause, and the printing thereof, shall, so far as they are applicable, apply to the pleadings, proofs, and printing in an objection to a report of the registrar.

The claim referred to in Rule 108 is a statement which comprises the several items of the claimant's demand. It

must be headed in the same manner as a statement of claim, with the name and number of the cause, and so forth. The several items in the body of the claim should be clearly specified and numbered consecutively (see Precedent, App. V.); with the claim should be filed the receipts and vouchers which relate to it, numbered so as to correspond with the items to which they refer. Notice of the day and time at which the hearing is fixed is sent from the registry to the solicitors engaged in the case. By r. 111 it will be seen that the registrar has full power to adjourn the hearing, and he will do so for any reasonable cause. But, if the adjournment is rendered necessary through the carelessness of the applicant for such adjournment, he will have to pay any costs which it may occasion (The Kepler, Lush. 201).

R. 112 permits witnesses to be examined vivá voce if necessary or desirable. As to costs, see post, O. lv.; and as to fees, App. II. After the case has been heard, the registrar draws up his report, which contains, in important The report cases, the reasons of the decision at which he has arrived, and annexed thereto in all cases is a schedule which shows the several items allowed or disallowed. Sometimes, where a question of law arises upon which the registrar desires the opinion of the Court, he will state a special case for this purpose (see The John Bellamy, L. R. 3 Ad. 129; 39 L. J. Ad. 28); when the report is silent as to costs, it is a common practice to take out a summons to confirm it, which is generally quite unnecessary except under these circumstances.

Three courses may be followed after the report has been drawn up and notice thereof has been sent to the respec

tive solicitors. (1) The plaintiff's solicitor may take up and Objections file the report in the registry; or (2), the solicitor for the to report. defendant may take it up and file it, or move the Court to dismiss the claim according to r. 116 (ante); or (3), either party, when the report has been filed, may proceed to

object to it. R. 117 (ante) is then applicable. After notice of objection the report may be brought before the Court in two ways. A petition.in objection may be filed according to rr. 117 and 118, and to this and the subsequent pleadings the rules as to the form and manner of ordinary pleadings are applicable. For precedent, see App. VI.; the ordinary notice of trial and entry for hearing must take place, and the cause will then come on in its order (see post, O. xxxvi. On the other hand, if both parties consent, which written consent should be filed in the registry, the matter may be brought before the Court on motion (see The Edmond, Lush. 211). The procedure at the hearing of the petition is the same as at the hearing of an ordinary action. Fresh evidence will not be allowed unless the Court is satisfied. that it could not by proper diligence and application have been produced before the registrar; and an application for this purpose must be supported by affidavits, stating precisely the character of the new evidence which is required (The Flying Fish, Br. & L. 436; 34 L. J. Ad. 113; The Thuringia, 41 L. J. Ad. 20; 26 L. T. N. S. 446). No objection can be taken to any item which was not objected to before the registrar (The Princess Helena, Lush. 191; 30 L. J. Ad. 137), in fact, a new case will not be allowed to be set up (The Glenmanna, Lush. 115). The whole burden of proof lies on the party who objects to the report (The Gazelle, 2 W. Rob. 285), for there is a strong presumption in favour of its correctness (The Sir George Seymour, 1 Spk. 67), so that it requires weighty reasons to induce the Court to reverse it. The Court may confirm the report, or allow all or some of the objections. In the latter case it may direct a second reference (The Matchless, 10 Jurist, 1017; (The Flying Fish, ante), or send the report back for reconsideration as to the items which have been objected to, or itself make the alterations. In one case the judge himself reheard the reference with the registrar and merchants, assisted by a

surveyor and a merchant (The Sir George Seymour, 1 Spk. 67).

ORDER XXXIV.

QUESTIONS OF LAW.

1. The parties may, after the writ of summons has been issued, Special concur in stating the questions of law arising in the action in the form case. of a special case for the opinion of the Court. Every such special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised thereby. Upon the argument of such case the Court and the parties shall be at liberty to refer to the whole contents of such documents, and the Court shall be at liberty to draw from the facts and documents stated in any such special case any inference, whether of fact or law, which might have been drawn therefrom if proved at a trial.

2. If it appear to the Court or a judge, either from the statement of claim or defence or reply or otherwise, that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or arbitrator, the Court or judge may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Court or judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

3. Every special case shall be printed by the plaintiff, and signed by the several parties or their solicitors, and shall be filed by the plaintiff. Printed copies for the use of the judges shall be delivered by the plaintiff.

4. No special case in an action to which a married woman, infant or person of unsound mind is a party shall be set down for argument without leave of the Court or a judge, the application for which must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant, or person of unsound mind, are true.

5. Either party may enter a special case for argument by delivering to the proper officer a memorandum of entry, in the Form No. 13 in Appendix (B.) hereto, and also if any married woman, infant, or per