IN CHINA AND JAPAN.
45
commenced by summons (Form 4), and may be heard and determined in a summary way as hereinafter is provided.
19. The Court shall, on application within seven days from Leave to defend, when. the service of the summons, give the defendant leave to defend the suit on his paying into Court the sum indorsed, or on evidence on oath showing to the satisfaction of the Court a good legal or equitable defence, or such facts as would make it incumbent on the holder to prove consideration, or such other facts as the Court deems sufficient to support the application, and on such terms as to security and other things as to the Court seems fit; and in that case the Court may direct proceedings to be taken and carried on by petition in the ordinary way.
20. If the defendant does not so obtain leave to defend, the Decree. plaintiff, on proof of due service of the summons, shall be entitled as of course at any time after the expiration of such seven days, to an immediate absolute decree for any sum not exceeding the sum indorsed on the summons, together with interest at the rate specified (if any) to the date of the decree, and a sum for costs to be fixed by the Court in the decree.
21. After decree the Court may, under special circumstances, Proceedings after set aside the decree, and may, if necessary, set aside execution, and may give leave to defend the suit, if it appears to the Court reasonable so to do, and on such terms as to the Court may seem just, the reasons for any such order being recorded in the minutes of proceedings.
22. In any proceedings under the present provisions, it shall Deposit of bill. be competent to the Court to order the bill or note sought to be proceeded on to be forthwith deposited in the Court, and further to order that all proceedings be stayed until the plaintiff gives security Security for costs. for costs
23. The holler of a dishonoured bill or note shall have the Holder's expenses, same remedies for recovery of the expenses incurred in the noting of the same for non-acceptance or non-paying, or incurred otherwise by reason of the dishonour, as he has under the prescut provisions for recovery of the amount of the bill or note.
or any of the parties,
24. The hier of a bill or note may, if he thinks fit, obtain On summons against ▷ one summons under the pres nt provisions against all or any of the parties to the bill or note; and such summons shall be the comm ncement of a suit or su ts against the parties therein named resp ctively; and a the subsequent proccedings against such re pective part ́es shall be carried on, as far as may be, as if separate summons s had issued,
But the summons or its indorsem nt must set forth the claims against the parties respectively, according to their respective alleged liabilities, with sufficient precision and certainty to enable each defendant to set up any defence on which he individually may desire to rely.
25. An appeal from a Provincial Cour' to the Supreme Court Appeal. in respect of any decision, decree, or order given or made in any such suit does not lie, except by s ecial leave.
V.-SUITS FOR SUMS OF 100 DollaRS AND UPWARDS.
Petition.
26. Subject to the foregoing provisions, where the claim In what cases. which any person desires to enforce by proceelings in the Court relat at money, goods, or other property of the amount or value of 100 dollars or upwards,-or relates to or involves directly or indirectly a question respecting auy matter at issue, of the amount