Interrogatore. de.
Su section 169 of this draft.
Discoverye generally is provided for in the Prosedure Code on substantially the same baus as in the Vice Admiralty Rules, Interrogatories are very rarely recorted to by local legal practitioners
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(9.) The distance and hearing of the other ship when first
seen;
(10) The lights, if any, of the other ship which were thst
seen;
(11.) The lights, if any, of the other ship, other than those
first seen, which came into view before the collision; (12.) The measures which were taken, and when, to avoid the
collision;
(13.) The parts of each ship which first came into collision; (14.) What fault or default, if any, is attributed to the
other ship.
PLEADINGS.
54. Every action shall be heard without pleadings, unless the judge shall otherwise order.
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56. If an order is made for pleadings, the Plaintiff shall, within one week from the date of the order, file his petition, and, within one week from the filing of the petition, the Defendant shail file his answer, and within one week from the filing of the answer the Plaintiff shall file his reply, if any; and there shall be no pleading beyond the reply, except by permission of the judge.
57. The Defendant may, in his answer, plead any set-off or counterclaim. But if, in the opinion of the judge such set-off or counterclaim cannot be conveniently disposed of in the action, the judge may order it to be struck out.
58. Every pleading shall be divided into short paragraphs, numbered consecutively, which shall state concisely the facts on which the party relies; and shall be signed by the party filing it. Forms of pleadings will be found in the Appendix hereto, No. 21.
59. It shall not be necessary to set out in any pleading the words of any document referred to therein, except so far as the 1.precise words of the document are material.
60. Either party may apply to the judge to decide forthwith any question of fact or of law raised by any pleading, and the jude shall thereupon make such order us to him shall seem út.
61. Any pleading may at any time be amended, either by consent of the parties, or by order of the judge..
INTERROGATORIES.
62 At any time before the action is set down for hearing any party desirous of obtaining the answers of the adverse party on any matters material to the issue, may apply to the judge for leave to administer interrogatories to the adverse party to be answered on oath, and the judge may direct. within what time and in what way they shall be answered, whether by affidavit or by oral examination.
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Sec. 169.
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169.
9
+63. The judge may order any interogatory that he unsiders objectionable to be amended or struck out; and if the party interrogated suits to answer or answers insufficiently, the judge may order him to answer, or to answer further, and either by affidavit or by oral examination. Forms of interrogatories and of answers will be found in the Appendix hereto, Nos. 22 and 23,
DISCOVERY AND INSPECTION,
64. The judge may order any party to su action to make itscovery, ou oath, of all documents which are in his possession or power relating to any matter in question therein.
65. The affidavit of discovery shall speeify which, if any, of the documents therciu mentioned the party objects to produces A form of affidavit of discovery will be found in the Appendix hereto, No. 24.
06. Any party to an action may file a notice to any other party to produce, for inspection or transcription, any document in his possession or power relating to any matter in question in the action. A form of notice to produce will be found in the Appendix hereto, No. 25.
67. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the adverse
party may apply to the judge for an order to produce.
ADMISSION OF DOCUMENTS AND FACTS,
68. Any party may file a notice to any other party to admit any document or fact (saving all just exceptions), and a party not adinitting it after such notice shall be liable for the costs of proving the document or fact, whatever the result of the action may be, unless the taxing officer is of opinion that there was suficient reason for not admitting it. Forms of notice to admit will be found in the Appendix hereto, Nos. 26 and 27.
69. No costs of proving any document shall be allowed, unless (notice to admit shall have been previously given, or the taxing officer shall be of opinion that the omission to give such potice was reasonable and proper.
SPECIAL CASE.
10. Parties may agree to state the questions at issue for the opinion of the judge in the forms of a special care. 6271. If it appears to the judge that there is in any action a question of law which it would be convenient to have decided in the first instance, he may direct that it shall be raised in a special case or in such other manner as he may deem expedicnt,
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