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THE CHINA AND JAPAN ORDER IN COUNCIL, 1881.
fit, order the failure, omission, or misstatement to be rectified in such manner, and on such terms, if any, respecting security, notice by advertisement or otherwise, or any
other matter, as the Court thinks fit.
43-(a.) The provisions of this Order, except as regards enewal of registrations, do not apply to a bill of sale executed before the commencement of this Order.
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(b.) As regards a bill of sal executed before the commencement of this Order, the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like vali.ity and effect as if they had originally been made by Order in Council.
44.-The power conferred on the Chief Justice of the Supreme Court for China and Japan by Article 127 of the China and Japan Order in Council, 1865, of framing Rules from time to time, is hereby extended to the framing of Rules for prescribing and regulating the inking and keeping of indexes, and of a general index, to the registers of bills of sale, and sarches in those indexes, and other articulars con- nected with the making keping, and using of those registers and indexes, and for authorising and regulating the unregistering of any bill of sale, or the registering of any release or satisfaction in respect thereof.
Suits by or against Partners.
45.—(a.) The following are Rules of Procedure of Her Majesty's Courts in China and 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 thicks 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 named as the plaintiffs in the petition.
(5.) All subsequent proceedings, nevertheless, continue in the firm name.
(6.) W. ere pa tners are sed in the firm name the petitio. must be served either on one or more of the partners within te jurisdiction, or at the principal place of the partnership usiness within the jurisdiction, on some person having then and there controəl or management of the partnership business.
(7.) Where one person, carrying on busin
on busins in the name of a firm apparently representing more persons than one, is sue in the firm name, the petition may bo served at the principal place of the bus ness within the jurisdiction on some person having then an i there control or management of the business.
(8.) Where partners are sued in the firm nam, 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 herein1efore provided for, where persons claiming or being liable as partners sue or are sued in the firm uane, any party to the suit may, on application to the Court, obtain a statement of the names of the persons who are partners in the firm, to be fa.nished 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-
(1.) 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 has 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.
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