Directory_and_Chronicle_1877 — Page 474

IN CHINA AND JAPAN.

41

35. All persons having a joint cause of suit against any Joint cause of suit. defendant ought ordinarily to be parties to the suit.

demand.

36. Where the plaintiff has a joint and several demand against Joint and several several persons, either as principals or as sureties, it is not necessary for him to bring before the Court as parties to a suit concerning such demand all the persons liable thereto, but he may proceed against one or more of the persons severally liable.

mis-joinder.

37. If it appears before or at the hearing that any person not Non-joinder or joined as plaintiff or as defendant ought to be so joined, or that any person joining as plaintiff or as defendant ought not to be so joined, the Court may order the petition to be amended, with liberty to amend the other pleadings (if any), and on such terms as to time for answering, postponement or adjournment of hearing, and costs, as justice requires.

But no person shall be so joined as plaintiff without satisfactory evidence to the Court of his consent thereto.

Nor shall the name of any plaintiff be struck out unless it appears to the satisfaction of the Court either that he was originally joined as plaintiff without his consent, or that he consents to his name being struck out.

38. Where a plaintiff sues any person as agent for some other Defendant sued as agent, person, not seeking to fix such agent with any personal liability, the Court, on the fact coming to its knowledge, shall, if the person really sought to be fixed with liability is within the particular jurisdiction, forthwith order his name to be substituted, and stay proceedings until the order is complied with. But if he is not within the particular jurisdiction, shall refuse to proceed further in the matter, unless and until the person sued as agent undertakes, by writing under his hand, to defend the suit, and personally to satisfy any decree or order for debt or damages and costs therein.

In the latter case the person sued as agent shall further, within such time as the Court orders and before the hearing of the suit, procure and file with the proceedings a sufficient authority in writing from the party on whose behalf such agent is affecting to act, to substitute the name of the principal as defendant for his own, and to defend the suit, or otherwise act in it on behalf of such principal.

Such agent shall not, however, be deemed discharged by such authority and substitution from his personal undertaking and liability to satisfy any decree or order in the suit, such authority and substitution being in all cases strictly required as a protection against collusive decrees which might affect absent persons.

one petition,

39. In case a petition states two or more distinct causes of suit, Distinct causes of suit in by and against the same parties, and in the same rights, the Court may, either before or at the hearing, if it appears inexpedient to try the different causes of suit together, order that different records be made up and make such order as to adjournment and costs as justice requires.

In case a petition states two or more distinct causes of suit, but not by and against the same parties, or by and against the same parties but not in the same rights, the petition may, on the application of any defendant, be dismissed.

In case such application is made within the time for answer, the petition may be dismissed, with substantial costs to be paid by the plaintiff to the defendant making the application; but in case the application is not made within the time for answer, the petition, when the defect is brought to the notice of the Court, may be