IN CHINA AND JAPAN.
69
by writing under his band, 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.
petition.
39. In case a petition states two or more distinct causes of suit, by Distinct causes and against the same parties, and the same rights, the Court may either of suit in oue 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 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 non- Staying. compliance with any provision of these Rules, the Court may either on proceedings. application by a defendant, or of its own motion, make an order to stay proceedings 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 s rvice of the petition on the defendant.
Copies for Service.
41. Where there is only one defendant, one copy of the petition, and Number of of any schedule thereto, for service, is to be left with the Court, together copies. with the original; where there are two or more defendants, as many copies as there are parties to be served are to be left, together with the original.
Service of Petition.
42. The plaintiff on filing his petition must obtain an order for service Order for of it on the defendant.
Every order for 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.
service.
dismissed
43. Where a defendant conceives that he has a good legal or equitable Motion that defence to the petition, so that even if the allegations of fact in the petition petition be were admitted or clearly established, yet the plaintiff would not be entitled without any to decree against him (the defendant), he may raise this defence by a required. motion that the petition be dismissed without any answer being required from him.
any
The motion paper shall be filed within the time allowed for putting
in an answer.
answer being
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