These summonses to witnesses may be issued without leave of the Court, to be served either in the home or in any foreign district (q). The fees to be paid to the Registrar, are £ s. d. For every subpoena to be served in a home district; But the total fee is in no case to exceed 3s. For every subpoena to be served in a foreign district 0 1 0 06 0 3 0(r) No particular time is prescribed for the service of the summons. It is sufficient if it be served a reasonable time before the actual hearing (s). The attendance of witnesses in pursuance of the summons is secured by giving the Judge power to fine them for nonattendance (t). They are entitled to be paid conduct money' at the time they are served, that is to say, their reasonable travelling expenses to the Court house, not exceeding 6d. per mile. Unless it be paid the attendance of the witness cannot be enforced. The conduct money should therefore be given to the bailiff or Registrar when the instructions are given for the summons. Any further allowance to which the witnesses may be entitled for loss of time is generally paid after they have appeared in pursuance of the summons, and thereby shown their compliance with the process of the Court. The rate of allowance to witnesses will be found elsewhere (u). Although witnesses may not have been formally summoned their attendance may, nevertheless, be allowed for on taxation at the same rate (x). Order for the Attendance of Prisoners.]-In pursuance of a recommendation of the County Court Commissioners (y), the new statute gives a Judge of a County Court, in any case where he shall see fit, upon application on affidavit (2) by either party, power to issue an order under his hand and the seal of the Court for bringing up before such Court any prisoner or person confined in any gaol, prison or place, 66 (q) Rules of Practice, r. 74. (r) Treasury Order, 21st November, 1856. See post, Appendix. (8) Rules of Practice, r. 75. (t) See post, Chapter VII. (u) See post, Appendix. (x) Rules of Practice, r. 102. (y) See the Report, p. 35. (z) See the Form of Affidavit, post, Appendix, Form No. 26. under any sentence or under commitment for trial or otherwise, except under process in any civil action, suit or proceeding, to be examined as a witness in any cause or matter depending, or to be inquired of or determined in or before such Court (a); and the person required by any such warrant or order to be brought before such Court shall be so brought under the same care and custody, and be dealt with in like manner in all respects, as a prisoner required by any writ of habeas corpus awarded by any of her Majesty's Superior Courts of Law at Westminster, to be brought before such Court to be examined as a witness in any cause or matter depending before such Court, is now by law required to be dealt with: provided always, that the person having the custody of such prisoner or person shall not be bound to obey such order, unless a tender be made to him of a reasonable sum for the conveyance and maintenance of a proper officer or officers, and of the prisoner or person in going to, remaining at, and returning from such County Court" (b). 4. NOTICE TO PRODUCE DOCUMENTS. It very frequently happens that the original of some document or writing, which one party wishes to give in evidence, is in the possession of the adversary. In that case, the copy or other secondary evidence of the contents of the original will be admitted on the trial, provided a notice to produce the original has been duly served on the opposite party. It must be observed, that in order to render this notice available, it must be first shown that the instrument is in the hands or under the control of the party required to produce it. If, however, the instrument be in the possession of a person in privity with the party, such as his banker, agent, servant, deputy, or the like, such person need not be served with a summons requiring its production, or even be called as a witness, but a notice given to the party himself will suffice (c). Very slight evidence will raise a sufficient presumption that the document is in the hands or under the control of the party required to produce it, when the document exclusively (a) See the Form of Order or Warrant, post, Appendix, Form No. 27. (b) 19 & 20 Vict. c. 108, s. 31. (c) See Taylor on Evidence, 2nd edit. p. 378. belongs to him, or regularly ought to be in his custody, according to the course of business; and if papers were last seen in his hands, it lies upon him to trace them out of his possession; neither can he escape the effect of the notice by afterwards voluntarily parting with the instrument which he has been directed to produce (d). As the notice to produce is given with a view of letting in secondary evidence, in the event of its not being produced, if the party has not the means of giving even secondary evidence, the proper course to adopt is to serve the plaintiff or defendant, as the case may be, with a summons to produce the document, treating him as an ordinary witness. The notice to produce may be in the following form: "In the County Court of A. B. v. C. D. Take notice, that you are required to produce the documents hereunder mentioned on the hearing of this cause. To C. D. [Defendant]. Yours, &c. G. H., Plaintiff's Attorney." [Here describe the documents as in the case of a notice to admit (e).] It is scarcely necessary to observe, that the notice to produce documents is a matter between the parties, and in which the Registrar or other officer of the Court takes no part as to service or otherwise. The costs to attornies for preparing this notice, in cases above 201., will be found elsewhere (ƒ). 5. INSPECTION OF DOCUMENTS. It sometimes happens that one of the parties is desirous of ascertaining before trial the precise terms of an agreement, or some other instrument, signed or executed by him, which is in the hands of the opposite side, and of which he has no copy. For this purpose the new rules provide, that "where in any action the plaintiff or defendant is desirous of inspecting any written or printed document or instrument, in which he has an interest, and to the production of which he is entitled for the purposes of the action, and which shall be in the possession or power or under the control of the other party, (d) See Taylor on Evidence, 2nd edit. p. 378. See also the Manual of Practice and Evidence, 2nd edit. p. 85. (e) See post, p. 83. such plaintiff or defendant may, five clear days before the day of hearing, give notice to the other party by post or otherwise, that he or his attorney desires to inspect any such document or instrument, describing the same, at any place to be appointed by the other party; and if such other party shall neglect or refuse to appoint such place, or to allow such plaintiff or defendant or his attorney to inspect such document or instrument within three days after receiving such notice, the Judge may, in his discretion, on the day of hearing, adjourn the cause and make such order as to costs as he shall think fit" (g). 6. NOTICE TO ADMIT DOCUMENTS. In order to avoid any unnecessary expense on the trial in the proof of documents, the new rules of the County Court, in analogy to the practice of the Superior Courts, provide, that "where either party proposes to give a judgment of a Superior Court or any other document, whether printed or written, in evidence, he may, by a demand in writing made a reasonable time before the hearing, require the other party to admit (saving all just exceptions to the admissibility of such document in evidence) the document to be read in evidence without proof; and if such demand be not made, no costs of proving such document shall be allowed, unless the Judge shall otherwise order. If such demand be not complied with, and the Judge think it reasonable that the admission should have been made, the party refusing shall bear the expense of proving such document, whatever may be the event of the cause (h). The application of this rule, it will be seen, is not confined to the case of documents in the hands of the party giving the notice, but extends to judgments of Superior Courts and other documents, which cannot be produced for inspection beforehand. The notice may be in the following form (i) :— Take notice, that the plaintiff (or defendant) in this action proposes to adduce in evidence the several documents hereunder specified, [and if the documents are in the hands of the party giving notice, add, and that the admit in the Superior Courts, Rules of Hil. T. 1853, r. 29. (g) Rules of Practice, r. 63. (h) Id. r. 76. (i) See the Form of Notice to same may be inspected by the defendant (or plaintiff), or his attorney, at, on-, between the hours of -], and the defendant [or plaintiff] is hereby required within days [insert such a period as will give the opposite party sufficient time to inspect or ascertain the contents of the documents, allowing also the party giving the notice time (if no admission be made) to summons witnesses and secure the proof of the documents in question] 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 served, sent or delivered respectively; saving all just exceptions to the admissibility of such document in evidence in this G. H., attorney for plaintiff [or defendant]. cause. To E. F., attorney for defendant [or plaintiff]. [Here describe the documents; the manner of doing which may be as follows]: Description of Documents. Dates. Copy record of judgment of the Court of Trinity Term, 15 Vict. Queen's Bench in an action J. S. v. J. N. Care must be taken not to confound the admission of the accuracy and signature of the document according to the terms of the notice, with its admissibility in evidence, which must be established quite independently of the admission. Like a notice to admit, the notice to produce is prepared and served by the parties without the intervention of the |