as made against the interest of the person making them, and partly, because of some privity with him against whom they are offered in evidence.

§ 724. In our law, the term admission is usually applied to civil & 654 transactions, and to those matters of fact, in criminal cases, which do not involve criminal intent; the term confession being generally restricted to acknowledgments of guilt. This distinction will be better understood by an example. Thus, on the trial of Lord Melville, who was charged, amongst other things, with criminal misapplication of moneys received from the Exchequer, the admissions of his agent and authorised receiver was held sufficient proof of the fact of such agent having received the public money; though had such admission been tendered in evidence to establish the charge of any misapplication of the money by the noble defendant, it would clearly have been rejected. The law was thus stated by Lord Chancellor Erskine:-" This first step in the proof" (namely, the receipt of the money by the agent,) "must advance by evidence applicable alike to civil, as to criminal cases; for a fact must be established by the same evidence, whether it is to be followed by a criminal or civil consequence; but it is a totally different question, in the consideration of criminal as distinguished from civil justice, how the noble person now on trial may be affected by the fact when so established. The receipt by the paymaster would in itself involve him civilly, but could by no possibility convict him of a crime." 3

§ 724A. As the rules of evidence, respectively applicable to

exception to the conclusiveness of this class of presumptions. But to give a confession this effect, certain things are essential, which Mascardus cites out of Tancred:

"Major, spontè,, sciens, contra se, ubi jus fit;

Nec natura, favor, lis, jusve repugnet, et hostis."

Masc. ub. supr. n. 15; Vid. Dig. lib. 42, tit. 2, de confessis. Cod. lib. 7, tit. 59; Van. Leeuw. Comm. book v. ch. 21.

1 Gr. Ev. 170, almost verbatim.

2 Ld. Melville's trial, 29 How. St. Tr. 746–764.

3 29 How. St. Tr. 764.

admissions and confessions, differ in some respects, the two subjects will be discussed in separate chapters. And with regard to ADMISSIONS, it will first be convenient to refer to a practice, which of late years has greatly prevailed, of making solemn admissions before a trial for the purpose of dispensing with formal proof. The law on this subject, after several changes,'-is now embodied in the Rules of the Supreme Court, 1883, Order XXXII. Rule 1 of that Order provides in general terms, that "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.""

R. 2,-which is almost a re-enactment of the old law,-is confined to the admission of documents, and with this view it provides, that "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."

R. 3 furnishes a form of "notice to admit documents," in which

1 See Reg.-Gen. 2 W. 4, reported in 3 B. & Ad. 392, 393; Reg.-Gen., H. T., 4 W. 4, r. 20, reported in 4 B. & Ad., xvii., xviii.; Reg.-Gen., H. T., 1853; 15 & 16 V., c. 76, 22 117, 118; 16 & 17 V., c. 113, 118, Ir.; Rules of Sup. Ct. 1875, Ord. XXXII., rr. 1 4. For the practice on the Revenue side of the Queen's Bench Division, see Reg.-Gen., 24 V., r. 17; 6 H. & N. xiii. And also, in pro

ceedings under the Public Worship Registration Act, 1874, 37 & 38 V., c. 85, see Reg.-Gen., 22 Feb., 1879, r. 46, and Form 39, cited, L. R., 4 P. D. 261, 284. So, too, in the Court of Probate, see Rules of 1862, for Ct. of Prob. in contentious business, r. 72, and Form No. 20. The Rules of 1865, 1869, 1875, 1877, and 1880, for the Ct. of Div. & Mat. Causes, are, for some unaccountable reason, silent on the subject.

2 If a defendant, in an action of salvage, admits all the facts pleaded in the statement of claim, the plaintiff cannot call evidence in support of any additional facts, except by leave of the court, and on special grounds. The Hardwick, L. R., 9 P. D. 32; 53 L. J., P. D. & A. 23, per Sir James Hannen, S. C.

the draughtsman has certainly not displayed a striking amount of intelligence,1

1 Form 11, Appendix B., is as follows:

In the High Court of Justice.

at

Division.

on

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, between the hours of ; 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 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.

Dated, &c.

To E. F., Solicitor [or agent] for defendant [or plaintiff ].

(Signed)

G. H., Solicitor [or agent] for plaintiff [or defendant].

* [Here describe the documents, the manner of doing which may be as follows :—]

* The references in the above Form to the year 1848, to leases and releases, to the General Post, to Attorneys, and to the Rolls Chapel, furnish a ludicrous example of the slovenly mode in which these guides for the use of the Profession have been prepared.

R. 4 is one of an experimental nature, and it may, or may not, attain its object, viz., that of diminishing the expense at the trial. It has thus been framed:-"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."

R. 5 provides, that "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." 1

1

No. 12.

NOTICE TO ADMIT FACTS.

[Heading as in Form 11, ante, p. 636.]

Take notice that the plaintiff [or defendant] in this cause requires the defendant [or 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 11, ante, p. 636.]

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].