Directory_and_Chronicle_1882 — Page 652

IN CHINA AND JAPAN.

Admission of Documents.

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248. When all parties to a suit are comp tent to make admis- Notice to admit, sions, any party may call on any other party, by notice filed in the Court, and served under order of the Court, to admit any document, saving just exceptions.

In case of re usal or neglect to admit, the costs of proof of the Costs. document shall be paid by the party rensing or n g'eeting, whatever be the result of the cause, unless te Court is of opinion that the refusal or neglect to a imit was reason: ble.

No costs of proof of any document shall be allowed unless such notice has been given, except in cases where the omiss on to give the notice has in the opinion of the Court produced a saving o. expense.

XII. MISCELLANEOUS PROVISIONS. Attorneys and Agents.

249. Every person doing any act or taking any proceeding in In whose name, and how the Court as paintiff, or otherwis', must do so in his own name and proceedings to be taken, not otherwise, and either by himsel, or by his a torney, procurator,

or agent thereunto lawfully authorized in writing.

attorney.

250. Wh re such act is done or proceeding taken by an Filing of power of attorney, procurator, or agent, the power of attorney, or instrument constituting the procurator or agent, or an authenticated copy thereof must be filed in the Court before or at the commencement of the proceedings.

Where the authority is special, and has reference only to the particular proceding to be taken, the original document itself must

be filed.

Where the authority is general, or has r ference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.

The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.

without authority.

251. Any person doing any act or taking any proceding in Person proceeding the Court in the name or on behal of another verson, not being lawiuly au horized thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.

Proccelings by or against Partnerships.

252. Proceedings by or on behalf of or against a partnership, In what names. solely or joi: tly, must be taken in the several names of the partners

as individuals, and not in the nam of the firm or otherwise.

Plaintiff out of Jurisdiction.

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253. Where a plaintiff, whether suing alone or suing jointly, Piaec for service. is out of the jurisdiction of the Particular Court, or is only tempo- rarily resident within it, he must file in the Court, at or b fore the commencement of price di gs a written statement of a fit place within the jurisdiction where notice or process a ay be served on him.

He must also give security for c sts and fees by deposit, or by Security for costs. bond in the nal sum of 500 colars.

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The Court may at any time during the suit or proceeding, either on its own notion or on the aleation of any defendant, order him to give further or better security for cos's and fees, and any d rect proceedings to be stayed in the meat.wh.le.