Provided that this admission is made for the purposes of this action [or matter, or issue] 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 on the

day of 19-, by

E. F., solicitor [or agent] for the defendant [or plaintiff]. To G. H., solicitor [or agent] for the plaintiff [or defendant].

4. Affidavit of Signature of Admissions made under such Notice, where

I, E. F., of

signed in Deponent's Presence (e).

[Title, &c., as usual; see post," Affidavits."]

clerk to X. Y., of the same place, the solicitor in this action [or matter] for the above-named plaintiff [or defendant], make oath

and say, that I was present on the

did see D. Z., the solicitor in this

-day of instant [or last], and action [or matter] for the above-named defendant [or plaintiff], sign the admissions now produced and shown to ine, marked (A), and the signature D. Z. subscribed to the said admissions is of the proper handwriting of the said D. Z.

Sworn [&c., as usual; see post, " Affidavits "].

This affidavit was filed [&c., as usual.]

5. The like, where the Deponent was not present at Time of Signature. [Commence as in preceding form.]

That the admissions now produced and shown to me, marked (A), are signed by D. Z., the solicitor in this action for the above-named defendant [or plaintiff], and the signature D. Z. subscribed to the said admissions is of the proper handwriting of the said D. Z.

(e) Affidavit of Admissions.]—By Ord. XXXII., r. 7, “ An affidavit of the solicitor or his clerk, of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence of such admissions, if evidence thereof be required."

6. Summons for Judgment on Admissions (f).

[Formal parts as usual in application to Master] for an order that the plaintiff may be at liberty to sign judgment in this action for

[state

the judgment required], pursuant to Order XXXII., Rule 6, and that the costs of this application be

Dated [&c., conclude as usual].

7. Motion for Judgment on Admissions (g).
[Title of Action as usual.]

Take notice that this Honourable Court will be moved on

day of

[Mr.

-day, the

19-, or so soon thereafter as counsel can be heard, by of] counsel for the plaintiff for an order that [&c., as in the

preceding form].

Dated [&c., conclude as usual].

8. Judgment thereon.

See the forms of judgment pursuant to order, post, Part XII., Chapters I. and II.

(f) By Ord. XXXII., r. 6, "Any party may at any stage of a cause or matter, where admissions of facts have been made, either on the pleadings, or otherwise, apply to the Court or a Judge for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties; and the Court or a Judge may upon such application make such order, or give such judgment, as the Court or Judge may think just."

By Ord. XIX., r. 13, "Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition." (g) See note (ƒ), form No. 6.

CHAPTER II.

ADMISSION OF DOCUMENTS (a).

1. Notice requiring Opposite Party to admit Documentary Evidence (b). [Title, &c., as in writ of summons.]

on

between the hours of

Take notice that the plaintiff [or defendant] in this cause proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant [or plaintiff), his solicitor or agent, at ; and the defendant [or plaintiff] is hereby required, within forty-eight hours from the lastmentioned 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 that 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 (c).

[Here describe the documents, the manner of doing which may be

as follows:-]

ORIGINALS.

Description of Documents.

Deed of covenant between A. B. and C. D. first part,

and E. F. second part

Indenture of lease from A. B. to C. D.

Indenture of release between A. B., C. D. first part, &c.

Letter, defendant to plaintiff

Policy of insurance on goods by ship "Isabella," on
voyage from Oporto to London
Memorandum of agreement between C. D., captain
of said ship, and E. F.
Bill of exchange for £100 at three months, drawn by
A. B. on and accepted by C. D., indorsed by E. F.
and G. H..

.

(a), (b), (c). See notes (a), (b), (c) on next page.

I hereby make the admissions required in the within notice. [Or if the admission be of part only of the documents, then limit the admission to them accordingly, and for this purpose it may be as well to number each description

(a) Admission of Documents.]—By R. S. C., Ord. XXXII., r. 2, “Either party may call upon the other party to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Court or a Judge shall certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense."

(b) Notice to admit.]-By Ord. XXXII., r. 3, "A notice to admit documents shall be in the form No. 11 in Appendix B., with such variations as circumstances may require." The form above given follows that referred to.

By R. S. C., Ord. XXXII., r. 9, "If a notice to admit or produce comprises documents which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice."

(e) No advantage can be gained by omitting this saving clause (Sharpe v. Lamb, 11 A. & E. 805).

(d) The admission may be indorsed on the notice or on a copy of it. It had better be signed in the presence of the solicitor of the party requiring the admission, or his clerk, so as to warrant an affidavit of the signature pursuant to R. S. C., Ord. XXXII., r. 8, infra. Such presence is not necessary, if the solicitor or clerk making the affidavit can otherwise swear to the signature.

of the documents in the notice, thus: so far as the same relates to the several documents therein mentioned marked respectively, 1, 2, 5, 7, &c.] [and I refuse to make any other of the admissions required.]

Dated

X. Y., plaintiff's [or defendant's] solicitor [or agent].

3. Affidavit of Signature of Admissions made under such Notice.
[See ante, p. 236, Nos. 4 and 5.]

4. Notice under 20 & 21 Vict. c. 77, s. 64, of Intention to prove a Will by Probate or Letters of Administration (e).

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

Take notice that the plaintiff [or defendant] intends on the trial of this cause to give in evidence as proof of a devise [or testamentary disposition] of [state concisely the subject-matter of the devise or testamentary dispo sition] to A. A. made in and by the will of E. F., deceased, dated the probate of the said will [or the letters of administration granted by

--, with the said will annexed, or a copy of the probate of the said will stamped with the seal of the Probate Court (or Probate, Divorce and Admiralty Division of the High Court of Justice), or a copy of the letters of administration stamped with the seal of the Probate Court (or, &c.) granted by that Court (or by ———) with the said will annexed, or as the case may be].

Dated

To D. Z., defendant's [or plaintiff's] solicitor [or agent].

Yours, &c., X. Y., Plaintiff's [or defendant's] solicitor [or agent].

(e) Stat. 20 & 21 Vict. c. 77, s. 64, enacts, "that in any action at law or suit in equity, where, according to the existing law, it would be necessary to produce and prove an original will in order to establish a devise or other testamentary disposition of or affecting real estate, it shall be lawful for the party intending to establish in proof such devise or other testamentary disposition to give to the opposite party ten days at least before the trial or other proceeding in which the said proof shall be intended to be adduced, notice that he intends at the said trial or other proceeding to give in evidence as proof of the devise or other testamentary disposition the probate of the said will or the letters of administration with the will annexed, or a copy thereof stamped with any seal of the Court of Probate; and in every such case such probate or letters of administration, or copy thereof respectively, stamped as aforesaid, shall be sufficient evidence of such will and of its validity and contents, notwithstanding the same may not have been proved in solemn form, or have been otherwise declared valid in a contentious cause or matter, as herein provided, unless the party receiving such notice shall, within four days after such receipt, give notice that he disputes the validity of such devise or other testamentary disposition."

The notice should be served on the solicitor or agent, not on the opposite party (Barraclough v. Greenhough, L. R. 2 Q. B. 612).