1848, on defen dant's attorney by E. F., of Trinity Term, Notice to produce papers.. March 1, 1848.. Served March 2, Record of a Judgment of the Court of Queen's Letters Patent of King January 1, 1680. Chapel. No. 12.-NOTICE TO ADMIT FACTS. [Heading as in Form 8.] Take notice, that the plaintiff [or defendant] in this cause requires the defendant for 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 [or agent] for the plaintiff [or defendant]. To E. F., solicitor [or agent] for the defendant [or plaintiff). The facts, the admission of which is required, are 1. That John Smith died on the 1st of January, 1870. 2. That he died intestate. 3. That James Smith was his only lawful son. 4. That Julius Smith died on the 1st of April, 1876. 5. That Julius Smith never was married. No. 13.-ADMISSION OF FACTS, PURSUANT TO NOTICE. [Heading as in Form 8.] The defendant [or plaintiff] in this cause, for the purposes of this cause only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of such facts, or any of them, as evidence in this cause. Provided that this admission is made for the purposes of this action only, and is not an admission to be used against the defendant [or plaintiff] on any other occasion, or by anyone other than the plaintiff [or defendant or party requiring the admission]. Delivered, &c. E. F., solicitor [or agent] for the defendant [or plaintiff]. To G. H., solicitor [or agent] for the plaintiff [or defendant]. No. 14.-NOTICE TO PRODUCE (GENERAL FORM). [Heading as in Form 8.] Take notice, that you are hereby required to produce and show to the court on the trial of this all books, papers, letters, copies of letters, and other writings and documents in your custody, possession or power, containing any entry, in this memorandum, or minute relating to the matters in question , and particularly day of Dated the To the above-named 18 . No. 20.-NOTICE of Cross-EXAMINATION OF Deponents AT TRIAL. [Heading as in Form 8.] Take notice, that the intend at the trial of this action to cross-examine the several deponents named and described in the schedule hereto on their affidavits therein specified. And also take notice, that you are hereby required to produce the said deponents for such cross-examination before the court aforesaid. Name of Deponent. Address and Description. Date when Affidavit filed. COUNTY COURT RULES, 1889. ORDER XVI. Discovery and Inspection. 1. Either party to an action or matter may, without filing an affidavit, by leave of the judge or registrar, deliver interrogatories in writing for the examination of any one or more of the opposite parties, and such interrogatories when delivered shall have a note at the foot thereof, stating which of such interrogatories each of such parties is to answer: Provided that interrogatories which do not relate to any question in the action or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness. 2. If leave be granted, an order shall be drawn up by the registrar and served. Such order shall be according to the form in the appendix, and shall specify the number of days within which the interrogatories are to be delivered by the applicant, and also the time within which the affidavit in answer is to be filed. 3. In deciding upon any application for leave to exhibit interrogatories, the judge or registrar shall take into account any offer which may be made by the party sought to be interrogated, to deliver particulars, or to make admissions, or to produce documents relating to the subject in question, or any of them; and also consider whether the application has been made too early in the proceedings in the action or matter, or too late to allow of the answers being used at the hearing. 4. In adjusting the costs of the action or matter inquiry shall, at the instance of any party, be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the registrar on taxation or of the judge, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. 5. Interrogatories shall be according to the form in the appendix, with such variations as circumstances may require. 6. If any party to an action or matter be a body corporate or a joint stock company, whether incorporated or not, or any other body of persons, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation, company, or body, and an order may be made accordingly. 7. Any objection to answer any one or more of several interrogatories, on the ground that it or they is or are scandalous or irrelevant, or not bonâ fide for the purpose of the action or matter or that the subjects inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer. 8. Interrogatories shall be answered by affidavit according to the form in the appendix with such variations as circumstances may require. Such affidavit shall be filed and a copy thereof delivered to the party interrogating within the time named in the order giving leave to interrogate. 9. If any person interrogated omits to answer, or answers insufficiently, the party interrogating, after giving to such person two clear days' notice of the time and place at which he intends to apply, may apply to the judge for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer, or to answer further, either by affidavit or by vivá voce examination, as the judge may direct. 10. Any party to any action or matter may, without filing any affidavit, apply to the judge or registrar for an order directing any other party to the action or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any question therein. On the hearing of such application the judge or registrar may either refuse or adjourn the same, if satisfied that such discovery is |