211
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 renewal of registrations, do not apply to a bill of sale executed before the commencement of this Order.
(b.) As regards a bill of sal executed before the commencement of this Order, the Regulations repealed by this Order shall, notwithstanding that repeal, be in force, and shall be deemed to have always been of the like validity and effect as if they had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 making and keeping of indexes, and of a general index, to the registers of bills of sale, and searches in those indexes, and other particulars con- nected with the making, keeping, 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 thi: ks 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.) Where partners are sed in the firm name, the petition must be served either on one or more of the partners within the jurisdiction, or at the principal place of the partnership business within the jurisdiction, on some person having then and there control or management of the partnership business.
(7.) Where one person, carrying on business in the name of a firm apparently representing more persons than one, is sued in the firm name, the petition may be served at the principal place of the business within the jurisdiction on some person having then and there control or management of the business.
(8.) Where partners are sued in the firm name, they must appear individually
in their own names.
(9.) All subsequent proceedings, nevertheless, continue in the firm name.
(10.) Where à 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 hereinbefore provided for, where persons claiming or being liable as partne's sue or are sued in the firm name, 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 furnished and verified on oath or otherwise, as the Court thinks fit.
(13.) Where a judgment is against partners in the firm name execution may i-sue-
(i.) 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.
Digitized by Google
No comments yet.
Private notes are available after approval.