delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Court or judge may think just; and any party affected by such order may move to set it aside.

It is impossible to state more definitely what is a matter which will entitle a party to move ex parte.

If a party gives notice of motion and does not appear, and the opposite party is in attendance to show cause, the former will have to pay the costs of the appearance of the latter (Berry v. Exchange Co., 1 Q. B. D. 77; 45 L. J. Q. B. 224).

4. Unless the Court or judge give special leave to the contrary, Time. there must be at least two clear days between the service of a notice of motion and the day named in the notice for hearing the

motion.

They must be two clear days (Daubney v. Shuttleworth, 1 Ex. D. 53; 45 L. J. Ex. 177). By leave in urgent cases short notice of motion is allowed.

whom it

5. If on the hearing of a motion or other application the Court or Notice to judge shall be of opinion that any person to whom notice has not been person to given ought to have or to have had such notice, the Court or judge has not may either dismiss the motion or application, or adjourn the hearing been thereof, in order that such notice may be given, upon such terms, if given. any, as the Court or judge may think fit to impose.

6. The hearing of any motion or application may from time to time Adjournbe adjourned upon such terms, if any, as the Court or judge shall ment. think fit.

7. The plaintiff shall, without any special leave, be at liberty to Service. serve any notice of motion or other notice, or any petition or summons, upon any defendant who, having been duly served with a writ of summons to appear in the action, has not appeared within the time limited for that purpose.

8. The plaintiff may, by leave of the Court or a judge, to be obtained ex parte, serve any notice of motion upon any defendant along with the writ of summons, or at any time after service of the writ of summons and before the time limited for the appearance of such defendant.

If a party appears to consent to a motion who would

not have been prejudiced by it, he will not be allowed his costs (The Achilles, 25 L. T. N. S. 605; 1 Mar. L. C. N. S. 165; The Albion, 6 L. T. 166). He should communicate the fact that he consents to the solicitor of the party who makes the motion; and the counsel who moves will state this, if necessary, to the Court. If there are any particular terms upon which only a party will consent, it will be proper for him to appear by counsel on the motion.

Summons in chambers.

ORDER LIV.

APPLICATION AT CHAMBERS.

1. Every application at chambers authorized by these rules shall be. made in a summary way by summons.

This rule is absolute as to the procedure in chambers; and the practice of moving in chambers is now obsolete. Every summons is prepared by the solicitor, and must be sealed in the registry.

The following rules, A. C. R. 1859, must be read in connection with this practice :

Rule 146. "If the solicitor summoned do not appear at the time named in the summons, the cause shall be called on, and the judge (or registrar) thereupon shall make such order as to him shall seem fit."

Rule 147. "If the solicitor by whom the summons has been taken out do not appear to support the same at the time named in the summons, the judge may, on the application of the solicitor summoned, dismiss the summons with costs."

Rule 149. "Either solicitor may employ counsel at the hearing of any summons before the judge in chambers if notice thereof has been given to the adverse solicitor two days before the hearing of the summons."

No præcipe need be left at the registry when a summons is issued, but a duplicate summons is used in its place.

2. In the Admiralty Division, a registrar may transact all such Matters business and exercise all such authority and jurisdiction in respect of not within the juristhe same as under the Act, or the schedule thereto, or these rules, may diction of be transacted or exercised by a judge at chambers, except in respect the regisof the following proceedings and matters; that is to say,—

All matters relating to criminal proceedings or to the liberty of the subject:

The removal of actions from one division or judge to another

division or judge :

The settlement of issues, except by consent:

Discovery, whether of documents or otherwise, and inspection,
except by consent :

Appeals from district registrars :

Interpleader other than such matters arising in interpleader as
relate to practice only, except by consent:
Prohibitions:

Injunctions and other orders under sub-section 8 of section 25 of
the Act, or under Order LII., Rules 1, 2, and 3 respectively:
Awarding of costs, other than the costs of any proceeding before
such master:

Reviewing taxation of costs:

Charging orders on stock funds, annuities, or share of dividends
or annual produce thereof.

It follows from this rule that any other matter than those enumerated above may be brought before the registrar, for by J. A., 1873, section 39, the jurisdiction of the judge in chambers is almost unlimited.

2a. The authority and jurisdiction of the district registrar, or of a master of the Queen's Bench, Common Pleas, or Exchequer Divisions, shall not extend to granting leave for service out of the jurisdiction of a writ of summons or notice of a writ of summons.

3. If any matter appears to the master proper for the decision of a judge, the master may refer the same to a judge, and the judge may either dispose of the matter or refer the same back to the master with such directions as he may think fit.

trar.

from

registrar.

4. Any person affected by any order or decision of a master (regis- Appeal trar) may appeal therefrom to a judge at chambers. Such appeal shall be by summons, within four days after the decision complained of, or such further time as may be allowed by a judge or master. 5. An appeal from a master's decision shall be no stay of proceeding unless so ordered by a judge or master.

At the hearing of a summons before the judge, he will, if it raises a difficult point, sometimes adjourn it for hearing into Court.

Rule 4 seems to make the appeal and the judgment necessarily in chambers. Rule 6, as to appeal to Court by motion, applies only to the Common Law Divisions, and is not printed here.

As to appeal from district registrar, see O. xxxv., r. 7.
As to costs on summons, see App. II., Rules of Supreme
Court (Costs), special allowances and general provisions.
A certificate for counsel should be asked for.

Costs.

Salvage.

ORDER LV.

COSTS.

1. Subject to the provisions of the Act, the costs of and incident to all proceedings in the High Court shall be in the discretion of the Court.

2. In any cause or matter, in which security for costs is required, the security shall be of such amount, and be given at such time or times, and in such manner or form, as the Court or a judge shall direct.

Although, as above stated, costs are in the discretion of the Court, there are certain rules defined with more or less precision by which the Court is ordinarily governed in the exercise of its discretion.

In salvage actions costs usually follow the event (The Lady Egidia, Lush. 513; The Edward Hawkins, ib. 515; 15 Moo. P. C. 586); but under special circumstances unsuccessful plaintiffs have been allowed all or some part of their costs, as, for the purpose of encouraging mariners to rescue property (The India, 1 W. Rob. 406; The Princess Alice, 3 W. Rob. 143); or, though unsuccessful, have not been condemned in costs, as, when they were summoned

by an ambiguous signal (The Little Joe, Lush. 88), or when there were some meritorious acts on their part (The Martha, Swa. 489). Again, no order is sometimes made as to costs when a plaintiff is unsuccessful by a suit being dismissed for want of jurisdiction (The Willem III., L. R. 3 Ad. 487; 25 L. T. N. S. 386); when an agreement for salvage has been set aside, but some reward given (The Medina, L. R. 2 P. D. 5; The Silesia, L. R. 5 P. D. 177; 43 L. T. 319); when the contract of service is held to prevent a salvage reward (The Ganges, L. R. 2 Ad. 370; 38 L. J. Ad. 61). Salvors who have substantiated their claim are sometimes deprived of all or part of their costs in consequence of improper conduct, as, by denying the services of co-salvors (The Bartley, Swa. 198; The Glasgow Packet, 2 W. Rob. 306), or not doing all they might have done (The Scout, L. R. 3 Ad. 512; 41 L. J. Ad. 42). To avoid difficulties as to apportionment where there are several sets of salvors, one sum nomine expensarum is given to them in place of costs (The Enterprise, 2 Hagg. 178, n.; The Kathleen, 31 L. T. N. S. 204 (210)); and in a case where the defendants were condemned to pay one set of costs in respect of two actions, they were ordered to be apportioned according to the amount of the bills of costs (The Pasithea, L. R. 5 P. D. 5). Out-port charges are to be made up in one bill with the general costs of the action (The City of Brussels, L. R. 4 Ad. 194; 42 L. J. Ad. 72).

When an action is successfully brought against ship, freight, and cargo, the costs must be equally divided (The Marquis of Huntley, 3 Hagg. 246; The Peace, Swa. 115); but, if any party is improperly brought into the action, he will receive his costs (The Cargo ex Sarpedon, L. R. 3 P. D. 28; 37 L. T. 505).

Under 23 & 24 Vict. c. 127, and by general principles of Equity, a solicitor has a charge upon the property recovered or preserved through his instrumentality in priority to claims which accrue after the institution of