RULES OF SUPREME COURT IN CHINA

documents.

251. Copies of all proceedings or documents to be prepared by the Copies of Registrar shall be prepared by him for any party requiring the same upon prepayment of the costs of such copies.

252. A folio is to comprise seventy-two words; every figure or unin- Folios. terrupted group of figures being counted as one word.

449

deemed service

253. Where a party acts by a legal practitioner, service of any pro- Service on legal ceeding or document upon such legal practitioner, or delivery of the practitioner same at his office, shall be deemed to be good service upon the party on party. for whom the legal practitioner acts except in cases where personal service is required.

legal

254. Where a party or his legal practitioner undertakes a service of Practice any process, he shall make the necessary copies of such process service by and deliver them to the Registrar with the amount of the fees practitioner. payable thereon, and the Registrar shall seal the process and return them to the legal practitioner for service.

255. Any notice relating to any interlocutory proceedings may, by Notice of leave of the Registrar, be served by the party or his legal practitioner interlocutory

proceedings requiring to effect such service, but the costs of such service and the may be served proof thereof shall not be allowed except by the order of the Court.

by party. 256. Where any action is adjourned no order of adjournment shall be No service served on either party unless by direction of the Court.

of order of adjournment.

257. Where it appears to the Court that, from the course of Postponement proceedings in any action, the trial cannot be held on the return day of of trial. the summons, the Court may postpone the trial until such other day as the state of the proceeding requires, and give notice of such postponement to all parties and persons interested.

258. Where any particulars or other documents are directed to be Filing of filed they shall be filed with the Registrar, together with as many copies documents. thereof as there are parties to be served, and the names, addresses, and description of such parties, and an additional copy for the use of the Court if required.

259. Before any summous, notice, or other document, or any copy Issue of thereof shall be issued by the Registrar, the fees shall be fully paid by documents. the party requiring the same, and the document shall be sealed with the seal of the Court.

time.

260. In all cases where anything is required by the rules of practice Computation to be done within a period of twenty-four hours, or within a period of of period of forty-eight hours, no part of Sunday or any day on which the offices of the Court shall be lawfully closed shall be included in the computation of such period.

Detinue.

261. The judgment in detinue, if for the plaintiff, shall be for the Judgment in value of the goods detained together with the sum to be stated in the detinue. judgment by way of damages for the detention and costs, but it may be Form 93. made part of the order that, on the payment of damages for the detention and costs and return of the goods on or before a date to be named, satisfaction shall be entered.

262. Where it is sought to enforce a judgment or order for the Execution for

delivery of recovery of any property other than land or money the Court may, upon property. the application of the plaintiff, order that a warrant of delivery shall Form 93. issue for the delivery of the property, and that if the property cannot be found the Marshall shall distrain the defendant of all his goods and chattels within the jurisdiction of the Court till the defendant deliver the property, or, at the plaintiff's option, that the Marshal shall cause to be made of the defendant's goods the assessed value (if any) of the property.

Share This Page