Directory_and_Chronicle_1882 — Page 613

RULES OF HER BRITANNIC MAJESTY'S SUPREME

COURT, AND OTHER COURTS IN CHINA

AND JAPAN.

Framed under the Order of Her Majesty in Council of the 9th day of March, 1865, by the Judge of Her M jesty's Supreme Court, and approved by One of Her Majesty's Principal Secretaries of State.

In what cases this proceeding applicable.

Issue.

Money payment.

Costs.

Effect of decree.

In what case0.

Dated the 4th day of May, 1865.

1. DECISION OF QUESTIONS WITHOUT FORMAL SUIT. Questions of Fact.

1. Where the parties between whom a suit might be instituted are agreed as to any question of fact to be determined between them, they may by consent and by order of the Supreme Court or other Court on summons,-which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be tried,-proceed to the trial of any question of fact, without any petition presented or other pleading.

2. Such question may be stated for trial in an issue (Form 1), and such issue may be set down for trial, and tried accordingly, as if the question stated were to be determined at the hearing of an ordinary suit.

3. The parties may, if they think fit, enter into an agreement in writing, which shall be embodied in an order of the Court, that on the finding of the Court in the affirmative or negative of such issue, a sum of money, fixed in the agreement, or to be ascertained by the Court, upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.

On the firding of the Court in any such issue, a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

4. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discrtion of the Court.

5. The issue and procee lings and decree shall be recorded, and the decree shall have the same eff. ct as a decree in a contested suit.

Questions of Law.

6. Where the parties between whom a suit might be instituted are agreed as to any question of law to be determined between them, they may by consent and by order of the S preme or other Court on summons, which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be determined, state any question of law in a spe ial case for the opinion of the Supreme Court, without any petit on presented or other pleading.