7. Order to make Affidavit of Documents, and for Inspection at Solr's Office-0. xxxI. 12, 13, 14.

UPON the application of the Plt [or Deft] A., and upon hearing the solrs for the applicant and for the Deft [or Plt] B., It is ordered, that the Deft [or Plt] B. do, within (seven) days after service of this order, make and file a full and sufficient affidavit, stating whether he has or has had in his possession or power any, and (if any) what documents relating to the matters in question in this action and accounting for the same; And it is ordered that the Deft [or Plt] B. do, at all seasonable times, upon reasonable notice, produce at the office of Mr. - his solr, situate at &c., the documents which by such affidavit shall appear to be in his possession or power, except such of the same (if any) as he may by such affidavit object to produce; and the applicant, his solrs and agents, are to be at liberty to inspect and peruse the documents so produced, and to take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised, at his expense [if ordered, add]: But previously to the said inspection the said Deft is to be at liberty to seal up such parts of the said documents as according to an affidavit to be made by him do not relate to the matters in question in this cause [or action]; And it is ordered that the said Deft [or Plt] B. do produce the same upon any examination of witnesses in this action, and at the trial thereof, as the applicant shall require; And the applicant is to be at liberty to make such further application as to all or any of the documents mentioned in such affidavit as he may be advised.

The affidavit must go to documents which the deponent has had in his possession or power, and not only those he has: see Lethbridge v. Cronk, 23 W. R. 703; Anon., W. N. (76) 38, and inf. p. 62. For form of affidavit, see R. S. C. Appx. B. 8.

8. Order for Affidavit-and for Deposit of Documents in Court— 0. LXI. 30.

UPON the application &c. [Form 7]; And it is ordered, that the said Deft [or Plt] B. do, within (seven) days after filing such affidavit, produce and leave at the Central Office the documents which, by such affidavit, shall appear to be in his possession or power, except such of the same (if any) as he may by such affidavit object to produce; And the applicant, his solrs and agents, are to be at liberty to inspect and peruse the documents so produced and left, and to take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised, at his expense; And the proper officer is to produce the same upon any examination of witnesses in this action, and at the trial thereof, as the applicant shall require; And the applicant is to be at liberty to make such further application as to all or any of the documents mentioned in such affidavit as he may be advised.

By Jud. Act, 1873, s. 66, production may be ordered in the office of any district registrar.

For order for committee of a lunatic's estate to make an affidavit of documents, see Holmes v. Sayer-Milward, V.-C. M., at Chambers, 11 April, 1876, A. 673.

As to production by the proper officer, see O. LXI. 29.

For an order specifying certain entries in accounts which alone were to be inspected, see Firkins v. Lowe, 13 Pri. 193.

9. Order for Affidavit-And for Inspection at Solr's OfficeAgainst two or more Parties.

UPON the application of the Plt [or Deft] A., and upon hearing the solrs for the applicant, and for the Defts [or Plts] B. and C. [or B., C., and D.], It is ordered that the Defts [or Plts] B. and C. [or B., C., and D.] do within &c. [Form 7, sup.] make and file a full and sufficient affidavit, or full and sufficient affidavits, stating whether they or either [or any] of them have or have had, or has or has had in their or his possession or power any, and (if any) what documents relating to the matters in question in this action, and accounting for the same. [Add directions for inspection and sealing up &c., as in Form 7, sup.]

For like order to produce documents at the offices of numerous solrs, named in a schedule to the order, see Moss v. Bainbrigge, M. R., 1st May, 1860, B. 895.

For order to produce municipal documents at the place where they are kept, see Prestney v. Corp. of Colchester, 23 Feb. 1883, B. 346; and 24 Ch. Div. 376, where the form is correctly given.

10. The Like-And for Deposit in Court-Against two or more Parties.

UPON the application &c.-Directions for making affidavit, as in Form 9; And it is ordered that the said Defts [or Plts] B. and C. [or B., C., and D.] do, within (seven) days after filing such affidavit or affidavits, produce and leave at the Central Office the documents which by such affidavit or affidavits shall appear to be in their or his possession or power, except such of the same (if any) as they or either [or any] of them may by such affidavit or affidavits object to produce; And the applicant, his solrs and agents, are to be at liberty to inspect and peruse &c. [Form 8, sup.]. See note, inf. p. 71.

11. The Like-And for Inspection-Against a Public Body. UPON the application of &c. [Form 7, sup.], It is ordered, that the Plts [or Defts] do, within &c., file a full and sufficient affidavit, to be made by their clerk or secretary, stating whether the Plts [or Defts] have or have had in their possession or power any, and (if any) what documents relating to the matters in question in this action, and accounting for the same; And it is ordered that the Plts [or Defts] do, at all seasonable times, upon reasonable notice, produce at the office of Mr. their solr, situate at &c., the documents which, by such affidavit, shall appear to be in their possession or power, except such of the same (if any) as they may by such affidavit object to produce;

And the applicants, their solrs and agents, are to be at liberty to inspect &c. [Form 7, sup.].-Ryde Commrs. v. Isle of Wight Ferry Co., V.-C. W. in Chambers, 19 Feb. 1861, B. 277, against Plts; Ranger v. Great Western Ry., L. JJ., 27 Ap. 1859, B. 1574, 4 D. & J. 74, against Defts.

12. Order for Affidavit and Inspection against Republican Foreign Government.

day of

LET the Plts, the Republic of L-, on or before the day of -, file a full and sufficient affidavit, or full and sufficient affidavits, to be made by one or more of its officers or ministers, stating whether the said Republic has or has had in its possession or power any and (if any) what documents relating to the matters in question in this action, and accounting for the same, unless the said Republic shall on or before the said satisfy the Court by sufficient evidence that it is unable to procure such affidavit or affidavits to be made; And Let the Plts, the Republic of L-, at all seasonable times upon reasonable notice produce at the office of Messrs. - their solrs, situate at &c., the documents which by such affidavit shall appear to be in the possession or power of the said Republic, except such of the same (if any) as the said Republic may by such affidavit or affidavits object to produce, and the applicant, his solr, and agent are to be at liberty to inspect, &c. Usual directions [Form 7, sup.].—Republic of Liberia v. Imperial Bank, V.-C. M., 31 May, 1873, B. 1327; 16 Eq. 179.

For the further order in this case, fixing a time at which, in default of a sufficient affidavit by the Republic, their bill should stand dismissed and the money in Court be repaid to Deft, see S. C., 9 Ch. 569; affd. 1 Ap. Ca. 139, inf. p. 64.

et v.

13. Order for Production and Inspection of Documents referred to in an Affidavit or Pleading-O. xxxi. 15, 18.

day of

the

[or

LET the Plt [or Deft] A. at all seasonable times and on reasonable notice produce at the office of Messrs. B., his solrs, situate at several documents referred to in his affidavit filed the in the Plt's statement of claim, or Deft's statement of defence, &c. Mention the pleading or affidavit in which the documents are referred to, and specify any particular documents required, and the paragraphs that refer to them, or except any documents not required to be produced]; And the applicant, his solr and agent, are to be at liberty to inspect &c. [Form 7, sup.]; And Let the Plt [or Deft] A. produce the same upon any examination of witnesses in this action and at the trial thereof, as the applicant shall require.

For form of notice to produce, v. R. S. C. Appx. B. 9.

14. For Inspection of Documents held not privileged. UPON the application &c.; and the Judge being of opinion that the documents referred to in the schedules to the affidavit of C., filed &c., are not privileged, except such as are hereinafter mentioned, It is

VOL. I.

E

ordered, that C., the secretary of the Plts, the N. E. Rail. Co., do at all seasonable times, upon reasonable notice, produce at the office of the said co. at the several documents specified in the first and second parts of the schedule to the said affidavit, except &c. [state documents held privileged] referred to in the said schedule; And it is ordered that the applicant, his solrs or agents, be at liberty to inspect &c. [Form 7, sup.].-N. E. Rail. Co. v. Jonassohn, V.-C. W. in Chambers, 20 Mar. 1860, B. 302.

For order directing certain documents, privileged and others, to be produced, and a further affidavit as to others to be filed, see Macfarlan v. Rolt, 14 Eq. 580.

15. Defts to make Affidavit as to Documents showing Plt Heir at Law's Pedigree, and for Inspection.

LET the Defts F. and wife, within 14 days after service of this order, make and file an affidavit stating whether any and which of the documents mentioned and set forth in the schedule to their affidavit filed in this action on the day of —, and what part or parts thereof, relate to, or tend to show, the pedigree of the Plt; with liberty to the Plt, his solrs and agents, to inspect and peruse such of the said documents, or such parts thereof, as relate to the said pedigree, and to take copies &c.; And Let the said Defts produce such documents on the examination of witnesses &c.; but the said Defts are to be at liberty to seal up such parts of the said documents as according to such affidavit do not relate to, or tend to show, such pedigree. Costs of the application reserved till the trial.-Rumbold v. Forteath, V.-C. W., 28 Ap. 1857, B. 1778; 3 K. & J. 752; S. C., Note.

16. Order enlarging Time where Affidavit filed is insufficient.

-

UPON the application of the Plt [or Deft] A., and upon hearing the solr for the applicant, and for the Deft [or Plt] B., and upon reading an order dated &c., and an affidavit of the said Deft [or Plt] filed the day of in pursuance thereof, and the Judge being of opinion that the said affidavit is insufficient, and the said Deft [or Plt], by his solr, now applying for further time to file a full and sufficient affidavit, It is ordered, that the time for the said Deft [or Plt] to file a full and sufficient affidavit pursuant to the said order, be enlarged till the day of [If deposit ordered], And it is ordered, that the said Deft [or Plt] have till the day of to produce and leave at the Central Office, pursuant to the said order, any documents relating to the matters in question in this action which, by the affidavit so to be made by him, shall appear to be in his possession or power, except such of the same (if any) as he may by such affidavit object to produce; If so, And the costs of this application are to be costs in this action; or that the Deft [or Plt] B. pay to the Plt [or Deft] A. £- for the costs of this application, or the costs of this application, such costs to be taxed by the taxing master in case the parties differ.

For similar orders, see Noel v. N., 1 D. J. & S. 469; Abud v. Riches, 5 May,

1876, A. 40; Re Leigh, Rowcliffe v. Leigh, V.-C. H., 14 July, 1876, B. 1271, without directions for production, or as to costs.

For order for Defts to make affidavit specifying books in use in the conduct of their business at Liverpool, with special directions as to the mode of inspection there and as to sealing up, see Mertens v. Haigh, Joh. 739; Affd. 3 D. J. & S. 528.

17. Order for further Affidavit as to particular Documents

against one Deft.

LET P. within &c., make and file a further full and sufficient affidavit stating whether he has, or has had, in his possession or power any, and, if any, which of the following documents relating to the H-Mills, being the matters referred to in the summons taken out by the Plts on the day of, and accounting for the same, that is to say, any letters or copies of letters from or to R. C. and B. or either of them, or from or to any other person or persons, or any other documents relating to the said mills.-Usual directions.-Fenton v. F., M. R. 4 May, 1876, A. 1031; and see Warden v. Peddington, 32 Beav. 639.

18. The Like-against several Defts.

LET the Defts F. and G. on or before &c., or subsequently within four days after service of this order make and file a further full and sufficient affidavit, or full and sufficient affidavits, stating whether they or any of them have or has had in their or any of their possession or power any and (if any) what documents relating to the matters in question in this action, and accounting for the same, particularly the documents referred to in the said affidavit of the Plt and G. filed the - day of. Usual directions.-Fearnehough v. Fernell, V.-C. M. at Chambers, 21 June, 1876, A. 1115.

19. Order for Production, on prepayment of Expenses, of Documents from India set forth in Deft's Affidavit.

LET, upon the Plt's prepaying the expense of conveyance by a ship or ships of the class known as Class A 1 at Lloyd's, the Defts G. &c., within (six) weeks after receipt of notice from the Plt at the offices of the said Defts at Calcutta, and within (six) weeks after the receipt of the like notice at the office of the said Defts at Rangoon, by any such ship or ships as aforesaid, transmit to the office of the Defts, situate at, in the City of London, such of the books, papers, and documents set forth in the said affidavit of the said Defts filed, &c., as are at their said offices at Calcutta and Rangoon respectively, and as shall be specified in such notices; And the applicant, his solrs or agents, are to be at liberty to inspect &c., all the said books, papers, and documents so to be transmitted as aforesaid, and to take copies &c.Defts to produce the same upon any examination of witnesses and at the trial.-Costs of application to be costs in the action.-Lindsay v. Gladstone, V.-C. G., 23 Nov. 1868, B. 3038; 9 Eq. 132.