CO537-6046 — Page 248

SUPPLEMENT NO. 1, JULY 16, 1948.

the case may be, the subject matter of the last of such assign-

nents.

(2) Where any property was assigned by way of mortgage before the Japanese occupation and the mortgage debt has been validly discharged, then if the property has been the subject matter of a Japanese assignment or of successive Japanese assign- ments, the assignee under such assignment or the last of such successive assignments, as the case may be, may require the mortgagee at the expense of such assignee to reassign the property to him or as he may direct.

(3) Any requirement lawfully made under this section may be enforced by action commenced by writ of summons in the original jurisdiction of the Court in like manner as if the liability to comply therewith had been included in a contract relating to the property in respect of which such requirement had lawfully been made under this section.

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7. (1) If proceedings have been commenced in the original Proceedings jurisdiction in relation to any dispute or difference between any in relation persons as to the construction or effect of any instrument registered to disputes. or recorded in the Japanese Registers, or as to the liability of any person to assign or reassign or confirm the assignment of any property to which any such instrument purports or is alleged to relate, or as to the form or content of any assignment, reassign- ment or deed of confirmation to be executed or made by any such person, or as to any other matter or thing arising out of any such instrument or out of the provisions of this Ordinance, the Court may, on the application of any party to such dispute or difference- (a) with the written consent of all the parties to such

dispute or difference; or

(b) if no defendant to such proceedings has entered an appearance therein; or

(c) if the Court is of the opinion that the action may more conveniently or expeditiously be tried in its summary jurisdiction;

at any stage of the proceedings order that the entry of such action in the original jurisdiction Register be transferred to the Register of Civil Actions, Summary Jurisdiction, and thereupon the Supreme Court in its summary jurisdiction shall have and may exercise the like jurisdiction both at law and in equity in relation to the said dispute or difference as might have been exercised by the Court in its original jurisdiction.

(2) In the event of a person who seeks redress under this section being unable to issue a writ because he is unable to ascertain any person who may properly be joined as a defendant he may apply to the Court by petition without preliminary service and if it appears to the Court by evidence upon affidavit that all reasonable inquiries have been made and that the case is one to which this sub-section applies then the case shall proceed on petition and-

(a) unless the Court otherwise directs it shall not be necessary to serve the proceedings upon any person or to have recourse to any form of substituted service;