App. B. Nos. 5, 6, 7. No. 5. Confession of Defence (O. 24, r. 3). [Heading as in Form 1.) The plaintiff confesses the defence stated in the para. graph of the defendant's defence [or, of the defendant's further defence]. No. 6. Interrogatories (O. 31, r. 3). In the Supreme Court of Judicature. Between A. B., Plaintiff, and C. D., E. F., and G. H., Defendants. Interrogatories on behalf of the above-named [plaintiff or defendant C. D.] for the examination of the above-named [defendants E. F. and G. H., or plaintiff]. Answer to Interrogatories (O. 31, r. 8). [Heading as in No. 6, supra.] The answer of the above-named defendant E. F., to the interrogatories for his examination by the above-named plaintiff. In answer to the said interrogatories, I, the above-named E. F., make oath and say as follows: No. 8. Affidavit as to Documents (0. 31, r. 12). [Hending as in Form 1,] I, the above-named defendant C. D., make oath and say as follows: 1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto. 2. I object to produce the said documents set forth in the second part of the said first schedule hereto [state grounds of objection]. 3. I have had, but have not now in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto. 4. The last-mentioned documents were last in my possession or power on [state when, and what has become of them, and in whose possession they now are]. 5. According to the best of my knowledge, information, and belief, I have not now, and never had in my possession, custody, or power, or in the possession, custody, or power of my solicitors or agents, solicitor or agent, or in the possession, custody, or power of any other person or persons on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever, relating to the matters in question in this suit, or any of them, or wherein any entry has been made relative to such matters or any of them, other than and except the documents set forth in the said first and second schedules hereto. App. B. Pt. II. App. B. Nos. 9, 10, 11. No. 9. Notice to Produce Documents (0. 31, r. 15). [Heading as in Form 1.] Take notice that the [plaintiff or defendant] requires you to produce for his inspection, the following documents referred to in your [statement of claim, or defence, or affidavit, dated the day of 19 ], namely Take notice that you can inspect the documents mentioned in your notice of the day of bered [except the deed num in that notice] at my office on inst., between the hours of next, the Or, that the [plaintiff or defendant] objects to giving you inspection of the documents mentioned in your notice of 19 , on the ground that [state the day of the ground]. (Signed, &c.) No. 11. Notice to Admit Documents (0. 32, r. 3). [Heading as in Form 1.] Take notice that the in this cause proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the solicitor or agent ; and the is at hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered, respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c. App. B. No. II. (Signed) G. H., solicitor for To E. F., solicitor for defendant [or plaintiff]. [Here describe the documents, the manner of doing which may be as follows]: Take notice that the plaintiff [or defendant] in this cause requires the defendant [or plaintiff] to admit, for the purposes of this cause only, the several facts respectively hereunder. specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this cause. Dated, &c. G. D., solicitor for the plaintiff [or defendant]. 1. That John Smith died on the 1st of January, 1890. |