192
THE CHINA AND JAPAN ORDER IN COUNCIL, 1881
(14.) If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a partner, he may apply to the Court for leave so to do; and the Court, if the liability is not disputed, may give such leave, or if it is disputed may order that the question of the liability be tried and determined as a question in the suit, in such manner as the Court thinks fit.
(b.) The foregoing Rules may be from time to time varied by Rules of Proce- dure mad under the China and Japan Order in Council, 1865.
(c.) Printed copies of the foregoing Rules must be exhibited conspicuously in each Court and Consulate in China and Japan, with the other rules of Procedure for the time being in force under the China an | Japan Order in Council, 1865, and be sold at such reasonable price as the Chief Justice of the Supreme Court from time to time directs.
(d.) A printed copy of the foregoing Rul s purporting to be certified under the hand of the Chief Justice of the Supreme Court and the seal of that Court is for all purposes conclusive evidence thereof.
46.—(a.) The provisions of this Order do not apply to proceedings instituted by or against partnerships or partners or agents thereof, before the commencement of this Order.
(b.) As regards proceedings instituted by or against partnerships or partners or agents thereof before the commencement of this Order, the Regulations repealed by this Order shall, notwithstanding that re;eal, be in force, and shall be deemed to have always been of the like validity and effect as if they had been Rules of Procedure made under the China and Japan Order in Council, 1865; and, as regards the same proceedings, the Rule of Procedure (252) repealed by this Order shall continue to have effect, notwithstanding that repeal, subject always to the operation of the Regulations repealed by this Order.
Suits by or against Foreigners.
47.-(a.) Where a foreigner desires to institute or take a suit or proceed ng of a civil nature against a B.itish subject, or a British subject desires to institute or take a suit or proceeding of a civil nature against a foreigner, the Supreme Court for China and Japan, and the Court for Japan, and a Provincial Court, according to the respective jurisdiction of the Court, may entertain the suit or proce ding and hear and determine it; and, if all parties desire, or the Court directs, a trial with a jury or assessors, then, with a jury or assessors, at a place where such a tria! might be had if all parties were British subjects, but in all other respects according to the ordinary course of the Court.
(b.) Provided that the foreigner first obtains and files in the Court the consent in writing of the competent authority of his own nation to his submitting, and that he doe submit, to the jurisdiction of the Court, and, if required by the Court, gives security to the satisfaction of the Court, and to such reasonable amount as the Court directs, by deposit or oth rwise, to pay fees, damages, costs and expenses, and abide by and perform the decision to be given either by the Court or on appeal.
(c.) A counter-claim or cross-suit cannot be brought or instituted in the Court against a plaintiff, being a foreigner, who has submitted to the jurisdiction, by a defendant, except by leave of the Court first obtained.
(d.) The Court, before giving leave, requires proof from the de'cnlan hat his claim arises out of the matter in dispute, and that there is rasonable ground for it, and that it is not made for vexation or delay.
(e.) Nothing in this provision prevents the defendant from instituting or taking in the Court against the foreigner, after the termination of the suit or procee ling in which the foreigner is plaintiff, any suit or proceeding that the defendant might have instituted or taken in the Court inst the for igner if no provision restraining counter-claims or cros‹ suits had ben ins rted in this Order.
(f) Where a foreigner obtains in this Court an order against a defendant, being a British subject, and in another suit that defendant is plaintiff and the foreigner is defendant, the Court may, if it thinks fit, on the application of the British subj. ct, stay the enforcement of the order pending that other suit, and may set off any