Directory_and_Chronicle_1898 — Page 283

RULES OF HER BRITANNIC MAJESTY'S SUPREME COURT

AND OTHER COURTS IN CHINA AND JAPAN

Framed under the Order of Her Majesty in Council of the 9th day of March, 1865, by the Judge of Her Majesty's Supreme Court, and approved by one of Her Majesty's Principal Secretaries of State.

Dated the 4th day of May, 1865

In what casCS

applicable,

1.-DECISION OF QUESTIONS WITHOUT Formal Suit

Questions of Fact

1. Where the parties between whom a suit might be instituted are this proceeding is agreed as to any question of fact to be determined between them, they may by consent and by order of the Supreme Court or other Court on summons which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to b› tried,—proceed to the trial of any question of fact, without any petition presented or other leading.

Issue.

Money payment.

Costa.

Effect of decree.

In what cases.

Special oase for

2. Such question may be stated for trial in an issue, and such issue may be set down for trial, and tried accordingly, as if the question stated were to be determined at the hearing of an ordinary suit.

3. The parties may, if they think fit, enter into an agreement in writing, which shall be embodied in an order of the Court, that on the finding of the Court in the affirmative or negative of such issue, a sum of money, fixed in the agreement, or to be ascertained by the Court, upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.

On the finding of the Court in any such issuc, a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

4. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Court.

5. The issue and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.

Questions of Law

6. When the parties between whom a suit might be instituted are agreed as to any question of law to be determined between them, they may by consent and by order of the Supreme or other Court on summons,— which order the Court may make on being satisfied that the parties have a real interest in the determination of suen question, and that the same is fit to be determined,-state any question of law in a special case for the opinion of the Supreme Court, without any petition presented or other pleading.

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Where the case is stated under order of a Provincial Court, the Court Supreme Court, shall send the case to the Supreme Court, and the Supreme Court may direct the case to be re-stated or to be amended, or may refuse to deter-

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