THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.
Suits by or against Partners.
45.—(a.) The following are Rules of Procedure of Her Majesty's Courts in China and in Japan, under the China and Japan Order in Council, 1865:
(1.) Persons claiming or being liable as partners may sue or be sued in the firm. name, if any.
(2.) Where partners sue in the firm name, they must, on demand in writing on behalf of any defendant, forthwith declare the names and addresses of the partners. (3.) Otherwise, all proceedings in the suit may, on application, be stayed on such terms as the Court thinks fit.
(4.) When the names of the partners are so declared, the suit proceeds in the same manner, and the same consequences in all respects follow, as if they had been nained as the plaintiffs in the petition.
(5.) All subsequent proceedings, nevertheless, continue in the firm name.
(6.) Where partners are sued in the firmn name, the petition must be served either on one or more of the partners within the jurisdiction, or at the principal place of the partnership business within the jurisdiction on some person having then and there control or management of the partnership business.
(7.) Where one person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name, the petition may be served at the principal place of the business within the jurisdiction on some person having then and there control or management of the business.
(8.) Where partners are sued in the firm name, they must appear individually in their own names.
(9.) All subsequent proceedings, nevertheless, continue in the firm name. (10.) Where a person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name he must appear in his
own name.
(11.) All subsequent proceedings nevertheless continue in the firm name.
(12.) In any case not herein before provided for, where persons claiming or being liable as partners sue or are sued in the firm naine, any party to the suit may, on application to the Court, obtain a statement of the uames of the persons who are partners in the firm, to be furnished and verified on oath or otherwise, as the Court thinks fit.
(13.)—Where a judgment is against partners in the firm name, execution may
issue-
(i.)-Against any property of the partners as such ; and
(ii.)—Against any person who has admitted in the suit that he is a partner, or who bas been adjudged to be a partner; and
(iii.) Against any person who has been served in the suit as a partner, and has failed to appear.
(14.) If the party who has obtained judgment claims to be entitled to issue execution against any other person, as being a partner, he may apply to the Court for leave so to do; and the Court, if the liability is not disputed, may give such leave, or if it is disputed may order that the question of the liability be tried and determined as a question in the suit, in such manner as the Court thinks fit.
(6.) The foregoing Rules may be from time to time varied by Rules of Proce- dure made under the China and Japan Order in Council, 1865.
(c.) Printed copies of the foregoing Rules must be exhibited conspicuously in each Court and Consulate in China and Japan, with the other Rules of Procedure for the time being in force under the China and Japan Order in Council, 1865, and be sold at such reasonable price as the Chief Justice of the Supreme Court from time to time directs.
(d.) A printed copy of the foregoing Rules purporting to be certified under the hand of the Chief Justion of the Supreme Court and the seal of that Court is for all purposes conclusive evidence thereof.
46.-(a.) The provisions of this Order do not apply to pressedings instituted by
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