Directory_and_Chronicle_1903 — Page 368

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RULES OF PROCEDURE FOR THE COURT OF CONSULS,

SHANGHAI

APPROVED BY THE CONSULAR BODY, 10TH JULY, 1882

RULE 1.-Every petition and other pleading filed in the Court and all notices and other documents issuing from the Court shall be entitled "In the Court of Consuls.'

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RULE 2.-The Court will appoint a Secretary whose name and address will be made public and who shall hold the office until the Court otherwise directs. The Secretary shall have charge of all records and, under the direction of the Court, issue and serve or cause to be served all notices and other documents. He shall also be the medium of all correspondence.

RULE 3.—Suits shall be commenced and proceeded with in person or by attorney, and suitors may be heard with or without counsel.

RULE 4. The language of the Court will be English.

RULE 5.-All proceedings shall be commenced by a petition to the Court, to be filed in quadruplicate and to state all facts material to the issue in distinct paragraphs. RULE 6. The petition will be served upon the defendant with notices to file an answer in quadruplicate within fourteen days from the date of service. A copy of the answer will be served on the plaintiff or his counsel under the direction of the Court.

RULE 7.-Amendments and other proper pleadings will be admitted upon such terms as the Court may impose, and such interim order may be made prior to the hearing of the cause as the Court may consider necessary.

RULE 8.-When it appears to the Court that a cause is ready to be heard such cause will be set down for hearing, and notice of the date and place of hearing will be given to the parties.

RULE 9.-Sittings of the Court will be public and its proceedings recorded by the Secretary.

RULE 10. The ouus of producing witnesses shall be with the parties, but the Court will, as far as practicable, aid in procuring the attendance of witnesses. Evidence will be taken on oath or otherwise as the witness may consider binding. The examination of witnesses will be conducted as the Court may direct.

RULE 11.-A failure to respond to any order or notice issued by the Court will entitle the adverse party to judginent by default, and the Court shall be empowered to give judgment accordingly.

RULE 12.—In any case upon application within sixty days after judgment the Court may order re-bearing upon such terms as seem just.

RULE 13.-Special cases where the facts are admitted may be submitted in

writing to the Court for decision without appearance of the parties.

RULE 14.-A minute of all orders shall be drawn up and shall be signed by the Consuls forming the Court or a majority of them, and all orders shall be expressed to be made "By the Court" and shall be signed by the Secretary.

RULE 15.-Judgments will be given in writing by the Judges of the Court, and either read in Court after notice or served upon the parties.

RULE 16.-The fee shall be for hearing $10 for each notice issued and served $3-and such fees for recording the proceedings shall be allowed as the Court may direct. A deposit in such sum as the Court may think sufficient to secure payment of fees will be required of each petitioner. The costs, including those of counsel, in the discretion of the Court, shall be paid as the Court directs.

RULE 17.-All fees shall be at the disposal of the Court for the remuneration of the Secretary.

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