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 — Part

Practice of the Supreme Court.

III.

The fees for a reference vary from merchant and the Registry, according

i>l Is.

to the

121

£15 15s. for each amount at stake and

to

Sect.

6.

References to Registrar

They are payable in advance from day to day the time occupied. as the reference proceeds, by the claimant in the first instance, a moiety being repayable to him if no order is made as to the costs Fees, of

the reference

(s).

261. Any party who objects to the report and desires to appeal therefrom must file in the Registry, within six days of the filing of Objections may the report, a notice of objection to the report (t). by consent be heard on motion {a). If the objecting party cannot obtain the consent of the adverse party to the objections being so heard, he must within a further period of twelve days file a petition in objection to the report

Notice of objection to report.

(t).

Where

a petition in objection is filed, it is headed like the statement of claim in the action, and sets out in detail the matters in the report objected to and the grounds of objections, and prays the Court to reject the report so far as it is objected to or to modify It must be delivered to the opposite party like any and alter it. The case of the adverse party in answer to the other pleading. petition in objection is contained in his " answer," which must be filed and delivered within ten days of the filing and delivery of the Further pleadings in objection may, if the petition in objection. ease requires, be filed and delivered. All the rules applicable to ordinary pleadings apply to pleadings in objection to a report (b).

Petition in objection,

262. Within ten days of the filing and delivering of the last of the Hearing of pleadings in objection, the petitioner must bring in to the Registry otijection. printed copies of the " record " containing the pleadings, the evidence taken at the reference material to the objections, and the Registrar's report and the same documents are required where the objections are heard on motion. A notice to have the appeal in objection to the report placed on the list for hearing has then to be filed in the Registry, and a Court fee of £2 paid(c). The petition will be heard by the judge in Court in ordinary course with other business on such day as may be appointed for it. Where questions are involved in the petition on which it would be Trinity desirable to have the assistance of the Elder Brethren of the Trinity Masters. House, they may be summoned to attend on the hearing of the appeal {d). Additional evidence may by the leave of the Court be given at Additional the hearing of the petition, and that evidence may be either the evidence.

(s)

See Order as to

Oonsett (1880), o P.

D.

Supreme Court Pees, 1884, Schedule, Nos. 84—87



The

77.

C, Ord. 56, r. 11. A copy of the notice of objection must, before be served on the adverse solicitor {ibid.). The time for filing the notice of objection under this rule maybe extended (The Thi/atira (1883), 32 W. E. ^ (t)

E. S.

it is filed,

276,279). (a) See The Edmond (1861), Lush. 211. {h) E. S. C, Ord. 56, r. 12 see pp. 94, et seq., ante. (c) Order as to Supreme Court ¥ees, 1884, Schedule, No. 52. id) See The Fenshtr (1857), Swa. 211, 213.