Directory_and_Chronicle_1882 — Page 620

IN CHINA AND JAPAN.

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dismissed without costs, or on payment of Court fees only, as to the Court seems just.

Defective Petition.

40. Where a petition is defective on the face of it by reason of Staying:oceedings. non-compliance with any provision of these Rules, the Court may, eiti

Der on application by a defendant or of its own motion, make an order to sty pr- ceedings until the defect is remedied.

The Court shall, of its own motion, make an order to stay proceedings on a defective petition, where the defect is patent and serious, and comes to the knowledge of the Court before service of the petition on the defendant.

Copies of Service.

41. Where there is only one defendant, one copy of the petition, Number of copies, and of any schedule thereto, for service, is to be left with the Court, together with the original; where there are two or more defendants, as many copies as t ere are parties to be served are to be left, together with the original.

Service of Telition.

42. The plait tiff on filing his petition must obtain an order Order for service. for service of it on the defendant.

Every order or service shall specify a reasonable time after service, ordinarily not more than eight days, within which the defendant must put in his answer.

Defence on Ground of Law.

43. Where a d fondant conceives that he has a good legal or Motion that petition be equitable de fence to the petition, so that even if the allegations of dismissed without any

auswer being required. faci in the petition were admitted or clearly established, yet the plaintiff would not be entitled to any decree against hiin (the defendant), he may raise this defence by a motion that the petition. be dismissed without any answer being required from him.

The motion paper shall be filed within the time allowed for puttin in au answer.

It must state briefly the grounds of law on which the defendant intends to r ly at the hearing of the motion.

The motion shall be heard and disposed of at as early a time as may be.

For the purposes of the motion the defendant shall be taken to admit the truth of the allegations of fact in the pe ition, and no evidence as to matters of fact or disenssion of questions of fact shall be admitted at the hearing of the motion.

On haring the motion the Court shall either dismiss the Order. petition orrder the defendant to put in an answer within a short time, to be named in the order, and my give leave to the plaintiff to amend Lis petition if it appears requisite, and may impose such terms as just ce requires.

Waere, on the hearing of the motion, any grounds of law are Costs. urged in support of the mo ion beyond those stated in the motion papr, and the grounds stated therein are disallowed, the defendant shall be liab e to pay the same costs as if the motion were wholly refused, although the grounds of aw newly urged are allowed, unless the Court thinks fit in any case to order otherwise,

Answer.

44. The defendant may ol tain further time for putting in his Further time to answ♥ answer or summons, stating ¡urther time required, and the reason

why it is required.