4. Order thereon.

[Title, &c., as usual.]

Upon reading the affidavit of A. B., and upon hearing Mr., of counsel for the plaintiff, and by the consent of Mr. -, of counsel for the defendant, and it appearing that notice has been given to the solicitor for the affairs of his Majesty's treasury, according to the Rules of the Supreme Court, 1883, Order L., Rule 13, and £, being a moiety of the composition agreed to be accepted in full satisfaction and discharge of this suit, being paid into the hands of ---, Esq., the Master of the Crown Office, for the use of his Majesty, and the defendant hereby undertaking (d) to pay to the plaintiff, or his solicitor, the sum of £, the other moiety thereof, together with the costs of suit and of this application, to be taxed by the Master. It is ordered, that the plaintiff, who sues as well for our sovereign lord the King as for himself, have leave to compound this action with the defendant for the sum of £ being of the penalties mentioned in the indorsement on the writ of summons [or statement of claim] in this action for the offences for which this action is brought, namely, for [describe concisely the nature of the offence], contrary to the provisions of the statute of the year of his present Majesty's reign [or the reign

of her late Majesty Queen Victoria], chap.

Mr.

[Upon the motion of

By the Court.

(d) By R. S. C., Ord. L., r. 14, “The order to compound a penal action shall expressly state that the defendant undertakes to pay the sum for which the Court has given him leave to compound the action." If the defendant does not perform the undertaking, he may be attached.

By r. 15, "When leave is given to compound a penal action, where part of the penalty goes to the Crown, the Queen's half of the composition shall be paid into the hands of the Master of the Crown Office Department of the Central Office for the use of her Majesty."

CHAPTER XV.

AMENDMENT OF PROCEEDINGS AND SETTING ASIDE PROCEEDINGS FOR IRREGULARITY.

1. Application for Leave to Amend.

[Formal parts as usual in application to Master] for an order that the plaintiff [or defendant] be at liberty to amend his herein [or that the herein be amended] by [setting out the nature of the proposed

amendment].

It is ordered that the plaintiff be at liberty to amend [the writ of summons] in this action by, and that the costs of this application be

(a) Amendment of Proceedings.]—By R. S. C., Ord. XXVIII., r. 11, "Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court or a Judge on motion or sum mons without an appeal."

By r. 12, The Court or Judge may at any time, and on such terms as to costs or otherwise as the Court or Judge may think just, amend any defect or error in the proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings."

The above form of order is given by R. S. C., App. K., No. 10. As a rule the order is not drawn up (see Ord. LII., r. 14).

66

By R. S. C., Ord. LXX., r. 1, “ Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceedings void unless the Court or a Judge shall so direct, but such proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Court or Judge shall think fit."

In ordinary cases the application to set aside proceedings for irregularity should be made to a Master at Chambers.

By r. 2, "No application to set aside any proceedings for irregularity shall be allowed unless made within reasonable time, nor if the party applying has taken any fresh step after knowledge of the irregularity."

By r. 3, "Where an application is made to set aside proceedings for irregularity, the several objections intended to be insisted upon shall be stated in the summons or notice of motion."

By r. 4, "When a summons is taken out to set aside any process or proceeding for irregularity with costs, and the summons is dismissed generally without any special direction as to costs, it is to be understood as dismissed with costs."

3. Application to set aside Proceedings for Irregularity. [Formal parts as usual in application to Master] for an order that the writ of summons [name the proceedings to be set aside. (The proceedings will be set aside only as from the first irregular step)] in this action, and all subsequent proceedings, be set aside for irregularity, with costs to be taxed and paid by the to the on the ground that [&c., here state the grounds of irregularity. Such statement is required by Ord. LXX., r. 3, ante, p. 232, n. (@)], and that in the meantime all further proceedings herein be stayed.

An order may be framed from the terms of the summons. The Master may impose terms, such as that no action be brought.

4. Affidavit in Support.

If the irregularity be apparent on the face of the proceeding, no affidavit is necessary. In other cases the form of it must necessarily depend on the circumstances of each particular case.

I give you notice not to appear to the writ of summons wherewith you

have been served [or issued] in this action.

6. Notice to Sheriff to retain Money levied.

[Title, &c., as in preceding form.]

Take notice that an application will be made on the

19—,

day of

at - o'clock in the -noon, to a Master in Chambers at the Royal Courts of Justice, on behalf of the defendant for an order that the judgment in this cause, and the execution thereon executed, be set aside for irregularity, with costs to be taxed and paid by the plaintiff, and that the money levied by you [or paid into your hands] be restored and paid. over to the defendant; and you are hereby required to retain the same in your hands until after the hearing of such application.

IV.

VI.

III. NOTICE TO PRODUCE DOCUMENTS AT TRIAL
DISCOVERY OF DOCUMENTS

V. PRODUCTION AND INSPECTION OF DOCUMENTS. 259
INTERROGATORIES

244

. 247

. . 266

VII.

VIII.

SECURITY FOR COSTS OF DISCOVERY
PROCEEDINGS ON FAILURE TO COMPLY WITH
ORDER FOR INTERROGATORIES, DISCOVERY,
OR INSPECTION

.

. 279

. . 282

IX. INSPECTION AND EVIDENCE OF BANKER'S BOOKS 284
X. INSPECTION OF REAL AND PERSONAL PROPERTY 287
XI. EXAMINATION OF WITNESSES WITHIN THE
JURISDICTION

.

XII. EXAMINATION OF WITNESSES OUT OF THE

288

1. Notice of Admission of Facts not pursuant to Notice to admit (b). This notice may be included in the pleadings or it may be given separately, and in the latter case the form No. 3, post, p. 235, may be used.

(a) By R. S. C., Ord, XXX., r. 2, upon the hearing of a summons for directions such order as may be just may be made with respect to admissions.

(b) Voluntary Admission of Facts.]—By R. S. C., Ord. XXXII., r. 1, "Any party to a cause or matter may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party."

2. Notice to admit Facts (c).

[Title, &c., as in writ of summons.]

Take notice that the plaintiff [or defendant] in this cause [or matter, or issue] requires the defendant [or plaintiff] to admit, for the purposes of this cause [or matter, or issue] 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 [or matter, or issue]. Dated the

day of

19-.

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.

3. Admission of Facts pursuant to Notice (d).

[Title, &c., as in writ of summons.]

The defendant [or plaintiff] in this cause [or matter, or issue], for the purposes of this cause [or matter, or issue] 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 [or matter, or issue].

(c) Notice to admit Facts.]-By R. S. C., Ord. XXXII., r. 4, "Any party may, by notice in writing, at any time not later than nine days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court or a Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Court or a Judge certify that the refusal to admit was reasonable, or unless the Court or a Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice provided also that the Court or a Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just."

Form of Notice.]-By r. 5, "A notice to admit facts shall be in the form No. 12 in Appendix B., and admissions of facts shall be in the form No. 13 in Appendix B., with such variations as circumstances may require." The above form No. 2 follows that referred to in this Rule.

(d) Admissions pursuant to Notice.]—The above form follows that given in R. S. C., App. B., No. 13, and prescribed by Ord. XXXII., r. 5, supra.