Form of sum-
mons.
Indorsement of claim.
Capacity of plaintiff and de- fendant to be stated.
Plaintiff out of jurisdiction.
Special indorse- ment.
Summary
Judgment on
PROVISIONAL RULES OF THE SUPREME COURT OF CHINA AND COREA
MADE BY THE JUDGE OF THE SUPREME COURT UNDER ARTICLE 119 OF THE CHINA AND COREA ORDER IN COUNCIL, 1904, AND WITH THE APPROVAL OF HIS MAJESTY'S MINISTER DECLARED
TO BE URGENT
I. Every action shall be commenced by a writ of summons, in the form given in schedule hereto, the formal parts of which shall be filled up in duplicate by the Registrar at the time of entering the action. Every summons except where otherwise specially provided, shall bear date on the day of issue, and shall be tested in the name of the member of the Court by which it is issued.
II.-Every writ of summons shall be indorsed with a statement sufficient to give notice of the nature of the claim, or of the relief or remedy required in the action, and, when damages are claimed, with a statement of the amount of such damages. Such indorsement shall be made and signed by one of the persons mentioned in Article 121 (1) of the Principal Order.
III. If a plaintiff sues or a defendent is sued in a representative capacity, the indorsement shall show in what capacity the plaintiff or defendent sues or is sued.
IV. Where a plaintiff suing out a writ of summons, either alone or jointly with any other person, is ordinarily resident out of the particular jurisdiction (or in the case of an action in the Supreme Court, out of the district of the Consulate of Shanghai) he shall file in the Court, at or before the issue of the summons, a written statement of a fit place within the particular jurisdiction (or within such district as aforesaid), where notices and other papers issuing from the Court may be served on him.
He shall also give security for costs by deposit of a sum not exceed- ing £50, or by bond in a penal sum not exceeding £100.
The Court may at any time, either of its own motion or on the application of any defendant, order the plaintiff to give further or better security to the amount aforesaid for costs, and may direct proceedings to be stayed in the meanwhile.
V.-(i.) In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant without interest, arising.
(a.) Upon a contract expressed or implied (as, for instance, on a bill of exchange, promissory note or cheque, or other simple contract debt); or (b.) On a bond or contract under seal for payment of a liquidated amount of money; or
(c.) On a Statute where the sum sought to be recovered is a fixed sum of money; or in the nature of a debt other than a penalty; or
(d.) On a guaranty, whether under seal or not, where the claim against the principal is in respect of a bebt or liquidated demand only; or
(e.) On a trust;
he may,
besides stating the nature of the claim, state the amount claimed for debt or in respect of such demand and for costs respectively, and shall further state that upon payment thereof within four days after service, further proceedings will be stayed.
(ii.) The defendant inay, notwithstanding such payment, have the costs taxed, and if more than one-sixth shall be disallowed the plaintiff shall pay the costa of taxation.
VI. Where the plaintiff proceeds under Rule 5, he may, on the specially indors. return day, and whether the defendant appears or not, ou affidavit made by himself or by any other person who can swear positively to the facts.
ed writ.